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Flat Packs WA PTY LTD - Terms & Conditions of Trade

  • 1. Definitions
  • 1.1 "Confidential Information" means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party's intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, "Personal Information" such as: name, address, D.O.B, occupation, driver's license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
  • 1.2 "Contract" means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
  • 1.3 "Cookies" means small files which are stored on a user's computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client's computer. If the Customer does not wish to allow Cookies to operate in the background when using Flat Packs WA's website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries
    via the website.
  • 1.4 "Customer" means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Flat Packs WA to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
    • (a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
    • (b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
    • (c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
    • (d) includes the Customer's executors, administrators, successors and permitted assigns.
  • 1.5 "Flat Packs WA" means Flat Packs WA Pty Ltd ATF The Rijax Family Trust T/A Flat Packs WA, its successors and assigns or any person acting on behalf of and with the authority of Flat Packs WA Pty Ltd ATF The Rijax Family Trust T/A Flat Packs WA.
  • 1.6 "GST" means Goods and Services Tax as defined within the "A New Tax System (Goods and Services Tax) Act 1999" (Cth).
  • 1.7 "Intended Use" means a building product and the use thereof, for which the building product is intended to be, or is reasonably likely to be, associated with a building.
  • 1.8 "Non-Conforming Building Product" means building products that are regarded as Non-Conforming for an Intended Use if, when associated with a building:
    • (a) the product is not, or will not be, safe; or
    • (b) does not, or will not, comply with the relevant regulatory provisions; or
    • (c) the product does not perform, or is not capable of performing, for the use to the standard it is represented to conform by or for a person in the chain of responsibility for the product.
  • 1.9 "Price" means the Price payable (plus any GST where applicable) for the Services as agreed between Flat Packs WA and the Customer in accordance with clause 8 below.
  • 1.10 "Services" means all Services (including consultation, manufacturing and/or installation services) or Goods supplied by Flat Packs WA to the Customer at the Customer's request from time to time (where the context so permits the terms 'Services' or 'Goods' shall be interchangeable for the other).
  • 1.11 "Worksite" means the address nominated by the Customer to which the Goods are to be supplied by Flat Packs WA.
  • 2. Acceptance
  • 2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for Goods or accepts delivery of any Services. Orders placed by the Customer with Flat Packs WA shall be considered valid when placing the order verbally and/or in writing.
  • 2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
  • 2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
  • 2.4 This Contract constitutes the entire Contract between the parties and contains all the representations, warranties, covenants, and agreements of the parties in relation to the subject matter of this Contract and such covenants, agreement and obligations contained in this Contract will not merge or terminate upon the termination of this Contract and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
  • 2.5 The Customer acknowledges that:
    • (a) the supply of Services on credit shall not take effect until the Customer has completed a credit application with Flat Packs WA and it has been approved with a credit limit established for the account; and
    • (b) in the event that the supply of Services requested exceeds the Customer's credit limit and/or the account exceeds the payment terms, Flat Packs WA reserves the right to refuse delivery.
  • 2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.
  • 3. Authorized Representative
  • 3.1 Unless otherwise limited as per clause 3.2 the Customer agrees that should the Customer introduce any third party to Flat Packs WA as the Customer's duly authorized representative, that once introduced that person shall have the full authority of the Customer to order any Goods or Services on the Customer's behalf and/or to request any variation to the Goods or Services on the Customer's behalf (such authority to continue until all requested Services have been completed or the Customer otherwise notifies Flat Packs WA in writing that said person is no longer the Customer's duly authorized representative).
  • 3.2 In the event that the Customer duly authorized representative as per clause 3.1 is to have only limited authority to act on the Customer's behalf, then the Customer must specifically and clearly advise Flat Packs WA in writing of the parameters of the limited authority granted to their representative.
  • 3.3 The Customer specifically acknowledges and accepts that they will be solely liable to Flat Packs WA for all additional costs incurred by Flat Packs WA (including Flat Packs WA's profit margin) in providing any Services, Goods or variation/s requested by the Client's duly authorized representative (subject always to the limitations imposed under clause 3.2 (if any)).
  • 4. Orders
  • 4.1 The Customer will ensure that, when placing an order, sufficient information is provided to enable Flat Packs WA to execute such order, and that Flat Packs WA is made aware of any special requirements pertaining to the order, and Flat Packs WA relies on the integrity of the information supplied to it.
  • 4.2 Flat Packs WA takes no responsibility:
    • (a) if specifications provided by the Customer are wrong or inaccurate and the Customer will be liable for expenses incurred by Flat Packs WA in the event any additional work is required to rectify the order; and
    • (b) and will not be held liable for any damages or costs resulting in the Goods being faulty as a consequence of insufficient information provided
      by the Customer.
  • 5. Out of Stock/Substitution
  • 5.1 Flat Packs WA will use its reasonable endeavours to ensure that all Goods ordered by the Customer are supplied to the Customer. If the Goods ordered are not available, Flat Packs WA shall work with the Client on a case by case basis where options may include back order of Goods or amendment to the order.
  • 6. Errors and Omissions
  • 6.1 The Customer acknowledges and accepts that Flat Packs WA shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
    • (a) resulting from an inadvertent mistake made by Flat Packs WA in the formation and/or administration of this Contract; and/or
    • (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by Flat Packs WA in respect of the Services.
  • 6.2 In the event such an error and/or omission occurs in accordance with clause 6.1, and is not attributable to the negligence and/or willful misconduct of Flat Packs WA; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
  • 6.3 In circumstances where the Customer is required to place an order for Goods, in writing, or otherwise as permitted by these terms and conditions, the Customer is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Goods (whether they are made to order Goods or not) ("Customer Error"). The Customer must pay for all Goods it orders from Flat Packs WA notwithstanding that such Goods suffer from a Customer Error and notwithstanding that the Customer has not taken or refuses to take delivery of such Goods. Flat Packs WA is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Customers Errors.
  • 7. Change in Control
  • 7.1 The Customer shall give Flat Packs WA not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Flat Packs WA as a result of the Customer's failure to comply with this clause.
  • 8. Price and Payment
  • 8.1 At Flat Packs WA's sole discretion, the Price shall be either:
    • (a) as indicated on invoices provided by Flat Packs WA to the Customer in respect of Services performed or Goods supplied; or
    • (b) Flat Packs WA's quoted Price (subject to clause 8.2) which shall be binding upon Flat Packs WA provided that the Customer shall accept Flat Packs WA's quotation in writing within forty-five (45) days.
  • 8.2 Flat Packs WA reserves the right to change the Price:
    • (a) if a variation to the Goods which are to be supplied is requested; or
    • (b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
    • (c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather, limitations to accessing the Worksite, obscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Customer, as a result of delays from third party suppliers, health hazards and safety considerations (discovery of asbestos, etc.), detection of moisture, removal of cabinets, prerequisite work by any third party not being completed such as plumbing or electrical services, change of design, remedial work required due to existing workmanship being of a poor quality or non-compliant to the building code, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Services; or
    • (d) in the event of increases to Flat Packs WA in the cost of labor or materials (including taxes and statutory charges, and fluctuations in currency exchange rates), which are beyond Flat Packs WA's control.
  • 8.3 Variations will be charged for on the basis of Flat Packs WA's quotation, and will be detailed in writing, and shown as variations on Flat Packs WA's invoice. The Customer shall be required to respond to any variation submitted by Flat Packs WA within ten (10) working days. Failure to do so will entitle Flat Packs WA to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
  • 8.4 At Flat Packs WA's sole discretion, a thirty percent (30%) non-refundable deposit of the total Price may be required. 8.5 Time for payment for the Services being of the essence, the Price will be payable by the Customer on the date/s determined by Flat Packs WA, which may be:
    • (a) on completion of the Services; or
    • (b) by way of progress payments in accordance with Flat Packs WA's specified progress payment schedule. Such progress payment claims may include the reasonable value of authorized variations and the value of any Goods delivered to the Worksite but not yet installed; or
    • (c) thirty (30) days following the end of the month in which a statement is posted to the Customer's address or address for notices;
    • (d) the date specified on any invoice or other form as being the date for payment; or
    • (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Flat Packs WA.
  • 8.6 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and Flat Packs WA.
  • 8.7 Flat Packs WA may in its discretion allocate any payment received from the Customer towards any invoice that Flat Packs WA determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Flat Packs WA may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Flat Packs WA, payment will be deemed to be allocated in such manner as preserves the maximum value of Flat Packs WA's Purchase Money Security Interest (as defined in the PPSA) in the Goods
  • 8.8 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Flat Packs WA nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Customer must notify Flat Packs WA in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Flat Packs WA investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Flat Packs WA placing the Customer's account into default and subject to default interest in accordance with clause 21.1.
  • 8.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Flat Packs WA an amount equal to any GST Flat Packs WA must pay for any supply by Flat Packs WA under this or any other Contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price
  • 9. Provision of the Services
  • 9.1 Subject to clause 9.2 it is Flat Packs WA's responsibility to ensure that the Services start as soon as it is reasonably possible
  • 9.2 The Services' commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Flat Packs WA claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond Flat Packs WA's control, including but not limited to any failure by the Customer to:
    • (a) make a selection; or
    • (b) way have the Worksite ready for the Services; or
    • (c) have the nominated address ready for the Goods;
    • (d) notify Flat Packs WA that the Worksite is ready.
  • 9.3 At Flat Packs WA's sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
  • 9.4 Flat Packs WA may deliver the Services by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
  • 9.5 Any time specified by Flat Packs WA for delivery of the Services or supply of the Goods is an estimate only and Flat Packs WA will not be liable for any loss or damage incurred by the Customer as a result of any delay (including, but not limited to, inclement weather or circumstances beyond the control of Flat Packs WA). However, both parties agree that they shall make every endeavor to enable the Services or Goods to be supplied at the time and place as was arranged between both parties. In the event that Flat Packs WA is unable to supply the Services or Goods as agreed solely due to any event under clause 28.9 or any action or inaction of the Customer including, but not limited to, any interference to the supply of Goods, or where no proper or safe access is provided to Flat Packs WA), then Flat Packs WA shall be entitled to add to the Price a non-delivery fee, re-delivery fee, storage fee and any additional material and/or labor costs incurred by Flat Packs WA by reason of any delay in delivery.
  • 10. Risk
  • 10.1 If Flat Packs WA retains ownership of the Goods under clause 16 then:
    • (a) where Flat Packs WA is supplying Goods only, all risk for the Goods shall immediately pass to the Customer on delivery and the Customer must insure the Goods on or before delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either:
      • (i) the Customer or the Customer's nominated carrier takes possession of the Goods at Flat Packs WA's address; or
      • (ii) the Goods are delivered by Flat Packs WA or Flat Packs WA's nominated carrier to the Customer's nominated delivery address (even if the Customer is not present at the address).
    • (b) where Flat Packs WA is to both supply and install Goods then Flat Packs WA shall maintain a Contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Customer
  • 10.2 Notwithstanding the provisions of clause 10.1 if the Customer specifically requests Flat Packs WA to leave Goods outside Flat Packs WA's premises for collection or to deliver the Goods to an unattended location then such Goods shall always be left at sole risk of the Customer and it shall be the Customer's responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Customer's expense.
  • 10.3 The Customer acknowledges that variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations are inherent in the Goods (including, but not limited to, paint, timber, glass, granite, marble, and man-made stones). Whilst Flat Packs WA will make every effort to match sales samples to, or batches between, the finished Goods, Flat Packs WA shall not be liable for any loss, damages or costs howsoever arising resulting from any variation between different batches or where such samples differ to the finished Goods supplied.
  • 10.4 Marble and Granite and man-made stones being porous products, oil and other acidic substances are prone to causing discolouration and staining if left on surfaces for some time. The Customer agrees to indemnify Flat Packs WA against any damage occurring after delivery and installation.
  • 10.5 The Customer acknowledges that Goods supplied may:
    • (a) fade or change colour over time;
    • (b) expand, contract, or distort as a result of exposure to heat, cold, weather; therefore, Flat Packs WA will accept no responsibility for gaps that may appear during prolonged dry periods;
    • (c) mark or stain if exposed to certain substances; and
    • (d) be damaged or disfigured by impact or scratching.
  • 10.6 Where Flat Packs WA is installing the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Flat Packs WA shall not be liable for any claims, demands, losses, damages, costs, and expenses howsoever caused or arising in connection with the installation and work incidental
    thereto.
  • 10.7 Where the Contract does not include installation of Goods by Flat Packs WA, Flat Packs WA shall not be liable for any defect or damage resulting from incorrect or faulty installation.
  • 10.8 Flat Packs WA shall not be liable for any defect or damage resulting from incorrect or faulty installation of the Goods by any third party.
  • 10.9 The Customer acknowledges that Flat Packs WA is only responsible for parts that are replaced/supplied by Flat Packs WA and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Customer agrees to indemnify Flat Packs WA against any loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising.
  • 11. Accuracy of Customer's Plans and Measurements
  • 11.1 Flat Packs WA shall be entitled to rely on the accuracy of any plans, specifications (including, but not limited to, CAD drawings) and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information or data provided by the Customer is inaccurate, Flat Packs WA accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications, data or other information.
  • 11.2 In the event the Customer gives information relating to measurements and quantities of the Goods required in completing the Services, it is the Customer's responsibility to verify the accuracy of the measurements and quantities, before the Customer or Flat Packs WA places an order based on these measurements and quantities. Flat Packs WA accepts no responsibility for any loss, damages, or costs however resulting from the Customer's failure to comply with this clause.
  • 12. Worksite Access and Condition
  • 12.1 Flat Packs WA is not responsible for the removal of rubbish from or clean-up of the building/construction Worksite/s. All rubbish generated by Flat Packs WA will be placed in a designated area appointed by the Customer but the responsibility of removal of same is the Customer or the
    Customer's agent, unless otherwise agreed.
  • 12.2 It is the intention of Flat Packs WA and agreed by the Customer that:
    • (a) the Customer shall ensure that Flat Packs WA always has clear and free access to the Worksite to enable them to undertake the Services (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Goods). Flat Packs WA shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Flat Packs WA; and
    • (b) it is the Customer's responsibility to provide Flat Packs WA with facilities, as specified by Flat Packs WA, (including, but not limited to, a suitable free power and water source), and such facilities shall be compliant with all applicable statutes, regulations, and by-laws.
  • 12.3 Notwithstanding the provisions of clause 10.1, where Flat Packs WA requires that Goods, fittings and appliances, or plant and tools to be stored at the nominated address, the Customer shall supply Flat Packs WA a safe area for storage and shall take all reasonable efforts to protect all items from possible destruction, theft, or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Customer's responsibility.
  • 12.4 The Customer agrees to be present at the Worksite when and as reasonably requested by Flat Packs WA and its employees, contractors and/or agents.
  • 12.5 Worksite Inductions
    • (a) in the event the Customer requires an employee or sub-contractor of Flat Packs WA to undertake a Worksite induction during working hours, the Customer will be liable to pay the hourly charges for that period. If any induction needs to be undertaken prior to the commencement date then the Customer shall be liable to pay Flat Packs WA's standard (and/or overtime, if applicable) hourly labour rate; or
    • (b) where Flat Packs WA is in control of the Worksite, the Customer and/or the Customer's third-party contractors must initially carry out Flat Packs WA's Health & Safety induction course before access to the Worksite will be granted. Inspection of the Worksite during the course of
      the Services will be by appointment only and unless otherwise agreed, in such an event the Customer and/or third party acting on behalf of the Customer must at all times be accompanied by Flat Packs WA.
  • 13. Service Locations
  • 13.1 Prior to Flat Packs WA commencing any work the Customer must advise Flat Packs WA of the precise location of all services on the Worksite and clearly mark the same. The mains and services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Worksite.
  • 13.2 Whilst Flat Packs WA will take all care to avoid damage to any services the Customer agrees to indemnify Flat Packs WA in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 13.1.
  • 14. Compliance with Laws
  • 14.1 The Customer and Flat Packs WA shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any occupational health and safety laws (OHS) relating or any other relevant safety standards or legislation pertaining to the Services.
  • 14.2 Both parties acknowledge and agree:
    • (a) to comply with the National Construction Code of Australia (NCC) and the Home Building Contracts Act 1991, in respect of all workmanship and building products to be supplied during the course of the Services; and
    • (b) that Services will be provided in accordance with any current relevant Australian/New Zealand Standards applicable.
  • 14.3 Where the Customer has supplied products for Flat Packs WA to complete the Services, the Customer acknowledges that it accepts responsibility for the suitability of purpose and use for their products and the Intended Use and any faults inherent in those products. However, if in Flat Packs WA's opinion, it is believed that the materials supplied are Non-Conforming products and will not conform with state and/or territory regulations, then Flat Packs WA shall be entitled, without prejudice, to halt the Services until the appropriate conforming products are sourced and all costs associated with such a change to the plans and design will be invoiced in accordance with clause 8.2.
  • 14.4 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
  • 15. Modern Slavery
  • 15.1 For the purposes of this clause:
    • (a) "Act" means the Modern Slavery Act 2018 (cth)
    • (b) "Modern Slavery", "Modern Slavery Statement" and "Reporting Entity" have the meanings given by the Act.
  • 15.2 If the Customer is a Reporting Entity, it shall comply with all of its obligations under the Act.
  • 15.3 Whether the Customer is a Reporting Entity or not, the Customer shall:
    • (a)  use reasonable endeavours to identify, assess and address risks of Modern Slavery practices in its operations and supply chains;
    • (b) use its reasonable endeavours to ensure that the personnel responsible for managing the operations and supply chains used for the purposes of the Contract have undertaken suitable training to identify and report Modern Slavery;
    • (c) use its reasonable endeavours to ensure that if at any time the Customer becomes aware of Modern Slavery practices in its operations and supply chains, the Customer must as soon as reasonably practicable take all reasonable steps to address or remove these practices;
    • (d) provide to Flat Packs WA a copy of any Modern Slavery Statement that it submits under the Act within seven (7) days of so doing; and
    • (e) within seven (7) days of Flat Packs WA's request (or such longer period as Flat Packs WA agrees), provide to Flat Packs WA any information or assistance reasonable requested by Flat Packs WA;
      • (i) concerning the Customer's compliance with the Act;
      • (ii) concerning the Customer's operations and supply chains;
      • (iii) to enable Flat Packs WA to prepare a Modern Slavery Statement or otherwise comply with the Act; or
      • (iv) to enable Flat Packs WA to assess and address risks of Modern Slavery practices in its operations and supply chains.
  • 15.4 The parties agree that in the circumstances a breach arises pursuant to this clause or the terms of the Act, the parties will try and resolve the breach by way of remediation and Flat Packs WA will be able to terminate the Contract for any breach by the Customer.
  • 15.5 The Customer warrants that any information supplied to Flat Packs WA is true and accurate and may be relied upon for the purposes of the Act.
  • 15.6 The Customer shall indemnify Flat Packs WA against any loss or liability suffered by Flat Packs WA as a result of the Customer's breach of this clause 15.
  • 16. Title
  • 16.1 Flat Packs WA and the Customer agree that ownership of the Goods shall not pass until:
    • (a) the Customer has paid Flat Packs WA all amounts owing to Flat Packs WA; and
    • (b) the Customer has met all of its other obligations to Flat Packs WA.
  • 16.2 Receipt by Flat Packs WA of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
    honored, cleared or recognized.
  • 16.3 It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 16.1:
    • (a) the Customer is only a bailee of the Goods and unless the Goods have become fixtures must return the Goods to Flat Packs WA on request;
    • (b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Flat Packs WA and must pay to Flat Packs WA the
      proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
    • (c) the production of these terms and conditions by Flat Packs WA shall be sufficient evidence of Flat Packs WA’s rights to receive the insurance
      proceeds direct from the insurer without the need for any person dealing with Flat Packs WA to make further enquiries;
    • (d) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for
      market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such
      act on trust for Flat Packs WA and must pay or deliver the proceeds to Flat Packs WA on demand;
    • (e) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer
      holds the resulting product on trust for the benefit of Flat Packs WA and must sell, dispose of or return the resulting product to Flat Packs WA
      as it so directs;
    • (f) unless the Goods have become fixtures the Customer irrevocably authorises Flat Packs WA to enter any premises where Flat Packs WA
      believes the Goods are kept and recover possession of the Goods;
    • (g) Flat Packs WA may recover possession of any Goods in transit whether or not delivery has occurred;
    • (h) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while
      they remain the property of Flat Packs WA;
    • (i) Flat Packs WA may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not
      passed to the Customer.
  • 17. Personal Property Securities Act 2009 (“PPSA”)
  • 17.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
  • 17.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a
    security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) – being a monetary
    obligation of the Customer to Flat Packs WA for Services – that have previously been supplied and that will be supplied in the future by Flat Packs
    WA to the Customer.
  • 17.3 The Customer undertakes to:
    • (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all
      respects) which Flat Packs WA may reasonably require to:
      • (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
      • (ii) register any other document required to be registered by the PPSA; or
      • (iii) correct a defect in a statement referred to in clause 17.3(a)(i) or 17.3(a)(ii);
    • (b) indemnify, and upon demand reimburse, Flat Packs WA for all expenses incurred in registering a financing statement or financing change
      statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
    • (c) not register a financing change statement in respect of a security interest without the prior written consent of Flat Packs WA;
    • (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral
      (account) in favour of a third party without the prior written consent of Flat Packs WA;
    • (e) immediately advise Flat Packs WA of any material change in its business practices of selling the Goods which would result in a change in the
      nature of proceeds derived from such sales.
  • 17.4 Flat Packs WA and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms
    and conditions.
  • 17.5 The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  • 17.6 The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
  • 17.7 Unless otherwise agreed to in writing by Flat Packs WA, the Customer waives its right to receive a verification statement in accordance with
    section 157 of the PPSA.
  • 17.8 The Customer shall unconditionally ratify any actions taken by Flat Packs WA under clauses 17.3 to 17.5.
  • 17.9 Subject to any express provisions to the contrary (including those contained in this clause 17), nothing in these terms and conditions is intended
    to have the effect of contracting out of any of the provisions of the PPSA.
  • 18. Security and Charge
  • 18.1 In consideration of Flat Packs WA agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several)
    in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a
    security interest in all of its present and after-acquired property for the purposes of, including but not limited to registering Flat Packs WA’s security
    interest over the Customer on the PPSA, to secure the performance by the Customer of its obligations under these terms and conditions (including,
    but not limited to, the payment of any money).
  • 18.2 The Customer indemnifies Flat Packs WA from and against all Flat Packs WA’s costs and disbursements including legal costs on a solicitor and
    own client basis incurred in exercising Flat Packs WA’s rights under this clause.
  • 18.3 The Customer irrevocably appoints Flat Packs WA and each director of Flat Packs WA as the Customer’s true and lawful attorney/s to perform
    all necessary acts to give effect to the provisions of this clause 18 including, but not limited to, signing any document on the Customer’s behalf.
  • 19. Defects, Warranties and Returns, Competition and Consumer Act 2010 (“CCA”)
  • 19.1 The Customer must inspect all Goods on delivery (or the Services on completion) and must within five (5) days of delivery notify Flat Packs WA
    in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any
    other alleged defect in the Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon such notification the
    Customer must allow Flat Packs WA to inspect the Goods or to review the Services provided.
  • 19.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and
    warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded
    Guarantees).
  • 19.3 Flat Packs WA acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
  • 19.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Flat Packs WA makes no warranties or
    other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Services. Flat Packs
    WA’s liability in respect of these warranties is limited to the fullest extent permitted by law.
  • 19.5 If the Customer is a consumer within the meaning of the CCA, Flat Packs WA’s liability is limited to the extent permitted by section 64A of Schedule
    2.
  • 19.6 If Flat Packs WA is required to replace any Goods under this clause or the CCA, but is unable to do so, Flat Packs WA may refund any money
    the Customer has paid for the Goods.
  • 19.7 If Flat Packs WA is required to rectify, re-supply, or pay the cost of re-supplying the Services under this clause or the CCA, but is unable to do
    so, then Flat Packs WA may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into
    account the value of Services and Goods which have been provided to the Customer which were not defective
  • 19.8 If the Customer is not a consumer within the meaning of the CCA, Flat Packs WA’s liability for any defect or damage in the Goods is:
    • (a) limited to the value of any express warranty or warranty card provided to the Customer by Flat Packs WA at Flat Packs WA’s sole discretion;
    • (b) limited to any warranty to which Flat Packs WA is entitled, if Flat Packs WA did not manufacture the Goods;
    • (c) otherwise negated absolutely.
  • 19.9 Subject to this clause 19, returns will only be accepted provided that:
    • (a) the Customer has complied with the provisions of clause 19.1; and
    • (b) Flat Packs WA has agreed that the Goods are defective; and
    • (c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
    • (d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
  • 19.10 Notwithstanding clauses 19.1 to 19.9 but subject to the CCA, Flat Packs WA shall not be liable for any defect or damage which may be caused
    or partly caused by or arise as a result of:
    • (a) the Customer failing to properly maintain or store any Goods;
    • (b) the Customer using the Goods for any purpose other than that for which they were designed;
    • (c) the Customer continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent
      operator or user;
    • (d) interference with the Services by the Customer or any third party without Flat Packs WA’s prior approval;
    • (e) the Customer failing to follow any instructions or guidelines provided by Flat Packs WA;
    • (f) fair wear and tear, any accident, or act of God.
  • 19.11 Flat Packs WA may in its absolute discretion accept non-defective Goods for return in which case Flat Packs WA may require the Customer to
    pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.
  • 19.12 Notwithstanding anything contained in this clause if Flat Packs WA is required by a law to accept a return then Flat Packs WA will only accept a
    return on the conditions imposed by that law.
  • 20. Intellectual Property
  • 20.1 Where Flat Packs WA has designed, drawn, written plans or a schedule of Services, or created any products for the Customer, then the copyright
    in all such designs, drawings, documents, plans, schedules, and products shall remain vested in Flat Packs WA, and shall only be used by the
    Customer at Flat Packs WA’s discretion. Under no circumstances may such designs, drawings and documents be used without the express
    written approval of Flat Packs WA.
  • 20.2 The Customer warrants that all designs, specifications, or instructions given to Flat Packs WA will not cause Flat Packs WA to infringe any patent,
    registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Flat Packs WA against any action
    taken by a third party against Flat Packs WA in respect of any such infringement.
  • 20.3 The Customer agrees that Flat Packs WA may (at no cost) use for the purposes of marketing or entry into any competition, any documents,
    designs, drawings, plans or products which Flat Packs WA has created for the Customer.
  • 21. Default and Consequences of Default
  • 21.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half
    percent (2.5%) per calendar month (and at Flat Packs WA’s sole discretion such interest shall compound monthly at such a rate) after as well as
    before any judgment.
  • 21.2 If the Customer owes Flat Packs WA any money, the Customer shall indemnify Flat Packs WA from and against all costs and disbursements:
    • (a) incurred; and/or
    • (b) which would be incurred and/or
    • (c) for which by the Customer would be liable;
      in regard to legal costs on a solicitor and own client basis, internal administration fees, Flat Packs WA’s Contract fees owing for breach of these
      terms and conditions’, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
  • 21.3 Further to any other rights or remedies Flat Packs WA may have under this Contract, if a Customer has made payment to Flat Packs WA, and
    the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs
    incurred by Flat Packs WA under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to
    the Customer’s obligations under this Contract.
  • 21.4 Without prejudice to Flat Packs WA’s other remedies at law Flat Packs WA shall be entitled to cancel all or any part of any order of the Customer
    which remains unfulfilled and all amounts owing to Flat Packs WA shall, whether or not due for payment, become immediately payable if:
    • (a) any money payable to Flat Packs WA becomes overdue, or in Flat Packs WA’s opinion the Customer will be unable to make a payment when
      it falls due;
    • (b) the Customer has exceeded any applicable credit limit provided by Flat Packs WA;
    • (c) the Customer becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors,
      or makes an assignment for the benefit of its creditors; or
    • (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the
      Customer.
  • 22. Cancellation
  • 22.1 Without prejudice to any other remedies Flat Packs WA may have, if at any time the Customer is in breach of any obligation (including those
    relating to payment) under these terms and conditions Flat Packs WA may suspend or terminate the supply of Services to the Customer. Flat
    Packs WA will not be liable to the Customer for any loss or damage the Customer suffers because Flat Packs WA has exercised its rights under
    this clause
  • 22.2 Flat Packs WA may cancel any Contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services
    are commenced by giving written notice to the Customer. On giving such notice Flat Packs WA shall repay to the Customer any sums paid in
    respect of the Price, less any amounts owing by the Customer to Flat Packs WA for Services already performed. Flat Packs WA shall not be liable
    for any loss or damage whatsoever arising from such cancellation.
  • 22.3 In the event that the Customer cancels the delivery of Services the Customer shall be liable for any and all loss incurred (whether direct or indirect)
    by Flat Packs WA as a direct result of the cancellation (including, but not limited to, any loss of profits).
  • 22.4 Cancellation of orders for products made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production
    has commenced, or an order has been placed.
  • 23. Privacy Policy
  • 23.1 All emails, documents, images, or other recorded information held or used by Flat Packs WA is Personal Information, as defined and referred to
    in clause 23.3, and therefore considered Confidential Information. Flat Packs WA acknowledges its obligation in relation to the handling, use,
    disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy
    Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”),
    under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Flat Packs
    WA acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by
    Flat Packs WA that may result in serious harm to the Customer, Flat Packs WA will notify the Customer in accordance with the Act and/or the
    GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by
    the Customer by written consent, unless subject to an operation of law.
  • 23.2 Notwithstanding clause 23.1, privacy limitations will extend to Flat Packs WA in respect of Cookies where the Customer utilises Flat Packs WA’s
    website to make enquiries. Flat Packs WA agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and
    web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
    • (a) IP address, browser, email client type and other similar details;
    • (b) tracking website usage and traffic; and
    • (c) reports are available to Flat Packs WA when Flat Packs WA sends an email to the Customer, so Flat Packs WA may collect and review that
      information (“collectively Personal Information”)
      If the Customer consents to Flat Packs WA’s use of Cookies on Flat Packs WA’s website and later wishes to withdraw that consent, the Customer
      may manage and control Flat Packs WA’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from
      the browser history when exiting the site.
  • 23.3 The Customer agrees for Flat Packs WA to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g.,
    name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook, or Twitter details), medical insurance details or
    next of kin and other contact information (where applicable), previous credit applications, credit history) about the Customer in relation to credit
    provided by Flat Packs WA.
  • 23.4 The Customer agrees that Flat Packs WA may exchange information about the Customer with those credit providers and with related body
    corporates for the following purposes:
    • (a) to assess an application by the Customer; and/or
    • (b) to notify other credit providers of a default by the Customer; and/or
    • (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit
      providers; and/or
    • (d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
  • 23.5 The Customer consents to Flat Packs WA being given a consumer credit report to collect personal credit information relating to any overdue
    payment on commercial credit.
  • 23.6 The Customer agrees that personal credit information provided may be used and retained by Flat Packs WA for the following purposes (and for
    other agreed purposes or required by):
    • (a) the provision of Services; and/or
    • (b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
    • (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
    • (d) enabling the collection of amounts outstanding in relation to the Services.
  • 23.7 Flat Packs WA may give information about the Customer to a CRB for the following purposes:
    • (a) to obtain a consumer credit report;
    • (b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
  • 23.8 The information given to the CRB may include:
    • (a) Personal Information as outlined in 23.3 above;
    • (b) name of the credit provider and that Flat Packs WA is a current credit provider to the Customer;
    • (c) whether the credit provider is a licensee;
    • (d) type of consumer credit;
    • (e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account
      and the amount requested);
    • (f) advice of consumer credit defaults (provided Flat Packs WA is a member of an approved OAIC External Disputes Resolution Scheme),
      overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for
      request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue
      accounts and Flat Packs WA has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
    • (g) information that, in the opinion of Flat Packs WA, the Customer has committed a serious credit infringement;
    • (h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  • 23.9 The Customer shall have the right to request (by e-mail) from Flat Packs WA:
    • (a) a copy of the Personal Information about the Customer retained by Flat Packs WA and the right to request that Flat Packs WA correct any
      incorrect Personal Information; and
    • (b) that Flat Packs WA does not disclose any Personal Information about the Customer for the purpose of direct marketing.
  • 23.10 Flat Packs WA will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order
    to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
  • 23.11 The Customer can make a privacy complaint by contacting Flat Packs WA via e-mail. Flat Packs WA will respond to that complaint within seven
    (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In
    the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at
    www.oaic.gov.au.
  • 24. Unpaid Seller’s Rights
  • 24.1 Where the Customer has left any item with Flat Packs WA for repair, modification, exchange or for Flat Packs WA to perform any other service
    in relation to the item and Flat Packs WA has not received or been tendered the whole of any monies owing to it by the Customer, Flat Packs WA
    shall have, until all monies owing to Flat Packs WA are paid:
    • (a) a lien on the item; and
    • (b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected
      goods.
  • 24.2 The lien of Flat Packs WA shall continue despite the commencement of proceedings, or judgment for any monies owing to Flat Packs WA having
    been obtained against the Customer.
  • 25. Service of Notices
  • 25.1 Any written notice given under this Contract shall be deemed to have been given and received:
    • (a) by handing the notice to the other party, in person;
    • (b) by leaving it at the address of the other party as stated in this Contract;
    • (c) by sending it by registered post to the address of the other party as stated in this Contract;
    • (d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the
      transmission;
    • (e) if sent by email to the other party’s last known email address.
  • 25.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post,
    the notice would have been delivered
  • 26. Trusts
  • 26.1 If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether
    or not Flat Packs WA may have notice of the Trust, the Customer covenants with Flat Packs WA as follows:
    • (a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
    • (b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not
      purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the
      right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
    • (c) the Customer will not without consent in writing of Flat Packs WA (Flat Packs WA will not unreasonably withhold consent), cause, permit, or
      suffer to happen any of the following events:
      • (i) the removal, replacement or retirement of the Customer as trustee of the Trust;
      • (ii) any alteration to or variation of the terms of the Trust;
      • (iii) any advancement or distribution of capital of the Trust; or
      • (iv) any resettlement of the trust property.
  • 27. Building and Construction Industry (Security of Payment) Act 2021
  • 27.1 At Flat Packs WA’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and
    Construction Industry (Security of Payment) Act 2021 may apply
  • 27.2 Nothing in this Contract is intended to have the effect of contracting out of any provisions of the Building and Construction Industry (Security of
    Payment) Act 2021 of Western Australia, except to the extent permitted by the Act where applicable.
  • 28. General
  • 28.1 Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter arising herein, shall be submitted to,
    and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying
    the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve
    the dispute, the parties shall be free to pursue other dispute resolution avenues.
  • 28.2 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it
    affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or
    unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  • 28.3 These terms and conditions and any Contract to which they apply shall be governed by the laws of Western Australia and are subject to the
    jurisdiction of the courts in Perth, Western Australia. These terms prevail over all terms and conditions of the Customer (even if they form part of
    the Customer's purchase order).
  • 28.4 Subject to clause 19, Flat Packs WA shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or
    expense (including loss of profit) suffered by the Customer arising out of a breach by Flat Packs WA of these terms and conditions (alternatively
    Flat Packs WA’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
  • 28.5 Flat Packs WA may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
  • 28.6 The Customer cannot licence or assign without the written approval of Flat Packs WA.
  • 28.7 Flat Packs WA may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract
    by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Flat Packs WA’s
    sub-contractors without the authority of Flat Packs WA
  • 28.8 The Customer agrees that Flat Packs WA may amend their general terms and conditions for subsequent future Contracts with the Customer by
    disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such
    changes, or otherwise at such time as the Customer makes a further request for Flat Packs WA to provide Services to the Customer.
  • 28.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or
    global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including
    but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event
    beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to Flat Packs WA.
  • 28.10 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so,
    they are not insolvent and that this Contract creates binding and valid legal obligations on them.
  • 28.11 The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution
    and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.

Flat Packs WA - Terms & Conditions of Trade

Flat Packs WA - Terms & Conditions

  1. The Flat Packs WA website serves as the software connecting cabinet makers, builders and other users (members) to CNC Manufacturers for ease of ordering.
  2. By signing up to Flat Packs WA, the user (member) agrees to Flat Packs WA passing information provided onto a manufacturer. Flat Packs WA will take reasonable measures to ensure the security of all personal information.
  3. The Manufacturer 1 account is a default manufacturer that serves to provide an example of the Flat Packs WA software. Any jobs submitted to Manufacturer 1 will be considered complete and may be passed on to a manufacturer for completion.
  4. Prices may vary between Flat Packs WA Manufacturer 1 to when a job is transferred to a CNC manufacturer. Flat Packs WA does not make any price guarantees under the Manufacturer 1 account.
  5. A job may be un-submitted for further editing at no charge only until it is accepted by the manufacturer.
  6. Once a job has been submitted to and is accepted by a manufacturer, it is considered complete and the user will be charged the quoted fee.
  7. Flat Packs WA takes no responsibility for any details of the order once a member has been assigned to a manufacturer. Where prices vary, the member will be given a choice on whether they wish to leave a job submitted.
  8. Flat Packs WA takes no responsibility for the timeliness, quality or price of products provided. It is the responsibility of the user to ensure that the products they order are to their specifications. Any issues that arise to do with products will be between the manufacturer and the member. Flat Packs WA strives to ensure that all manufacturers are reputable and provide quality products.
  9. All payments due are subject to agreement and terms set between the member and manufacturer. Fees and charges may vary depending on the manufacturer.
  10. Manufacturers reserve the right to make changes to products and price information on the Flat Packs WA software at any time without notice to member.
  11. Flat Packs WA receives fees for use of the software from participating manufacturers. Members are not required to pay for the use of the Flat Packs WA website or software.
  12. All prices are quoted in Australian dollars. Prices are subject to change at any time and may vary depending on payment method. Flat Packs WA strives to provide up-to-date information on products and pricing but accuracy is not guaranteed at all times.
  13. Flat Packs WA aims to provide a cutting edge system for all website users. Constant improvements and developments in software mean that the website and the content of the website is subject to change at any time, without notice.
  14. By agreeing to the Flat Packs WA terms and conditions, the member accepts the terms and conditions of the manufacturer that they are assigned to.
  15. This website is for use by Australian residents and people aged 18 years and over.

Flat Packs WA - Terms and Conditions of Use

Flat Packs WA - Privacy Policy

Book our ShowroomCall (08) 9418 2833

CUSTOM FLAT PACKS MADE TO ORDER FOR WA TRADIES

Flat Packs WA manufactures quality cabinetry for local businesses right across the Perth metro area.

Download Flat Packs WA 24-page Brochure

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  • Product & Services Overview
  • Company History

What Clients Say About Us

  • I designed my own cabinet and Flat Packs WA built it for me - Jeff Riddle was very helpful in finding a solution required for a raised lid I wanted, and sourced the hardware for the job. Very happy with the final result and the great workmanship.

    Jo L Gonzales Avatar Jo L Gonzales
    September 19, 2021

    Great prompt service, friendly staff and a knowledgeable team. Thanks very much guys,we look forward to the kitchen being installed.

    Matt Stokes Avatar Matt Stokes
    January 14, 2021

    We regularly purchase cabinets and panels from Brendan and the team at Flat Packs, great team and very professional.

    Nick Barr Avatar Nick Barr
    September 19, 2020

    Thanks to Mark and Laurie who helped me out with a project at home. Yes I gave them vague measurements, dodgy drawing to work with and they were very patient and helpful. Great service, thanks again.

    Patrick Avatar Patrick
    May 16, 2020

  • Planning, researching with our budget in mind for a kitchen and laundry renovation took time and some concerns over the 'what if'. Mark and his team took all this out of the equation. The show room was what sold us as all our questions over details were answered by showing us what , where and how it would fit in. The work was done within the said time frame and the tradesmen were friendly and professional with minimal fuss. All done and looking well above our expectations and within our budget. We have no hesitation to recommend Flat Packs WA and suggest to go and visit the showroom as the first step toward a successful and happy outcome.

    Nicky McNerney Avatar Nicky McNerney
    May 5, 2020

    We are very excited to be using our fabulous new kitchen and laundry designed by Flat Packs WA. It was a seamless, professional process from start to finish. It was consultative in the planning, timing was exact, a clean demolition , installation was smooth and an exceptional finished job.

    Lesley Barton Avatar Lesley Barton
    May 1, 2020

    We have used other modular and DIY kitchens in the past and Flat Packs WA beats them all hands down. From start to finish the experience was professional, friendly and accommodating, with excellent turn around times for drawings and manufacture. After delivery Brad and Mark were happy to help with questions and pro tips. Fit was perfect and came together really well. We used their recommended stone mason too, We were a little nervous having only seen their work in the showroom and paying up front...there was no need to worry these guys were outstanding and the tops are almost seamless. I have never written a google review before, this is another indicator of how highly I recommend this company. Thanks again guys will be using you again.

    David Moore Avatar David Moore
    November 28, 2019

    Fantastic service from the guys at Flatpacks WA along with quality products makes them an easy choice when considering any type of Cabinetry

    james mcmurtrie Avatar james mcmurtrie
    September 19, 2019

  • Great service providing quality workmanship while offering the best advice and materials. Even better is the affordability.

    Brett Johns Avatar Brett Johns
    September 19, 2019

    The Flatpacks team always step up to the plate producing our bespoke boat moulds in double quick time! Lovely work guys and thanks for the guidance 🙂

    Andrew Wright Avatar Andrew Wright
    September 19, 2019

    Great service, Brendan and his team are awesome, They make interstate projects a breeze, will be using their services again in the future.

    PitmanCabinetmaking Avatar PitmanCabinetmaking
    September 19, 2019

    Flat Packs is the go-to cabinet maker for my business. They turn quotes and order around very quickly and are a friendly and informative bunch to do business with. Would highly recommend.

    Philip Martin Avatar Philip Martin
    September 19, 2019

  • What a professional company - if you want quality product and service look no further!

    Greg Brown Avatar Greg Brown
    September 19, 2019

    Very impressed with the service we received from Mark, finished product came within our budget and looks amazing.

    KM R Avatar KM R
    June 22, 2019

    Couldn't have asked for a better product or service. From design, to supply and the fit and finish of our kitchen/laundry flat pack our expectations were by far exceeded. Mark and Brendan were extremely helpful through the whole process and we can't recommend them highly enough.

    Megan KLOMPMAKER Avatar Megan KLOMPMAKER
    November 19, 2018

    We spent months looking for the right company for our kitchen reno. We finally found it in Brendan and his team. They just make the whole process hassle free and seamless. Will continue to use their service and will not hesitate to recommend them to family & friends.

    Michele Jurak Avatar Michele Jurak
    November 15, 2018

  • My carpenter recommended this company to sort out my new kitchen. They were extremely helpful and amended my plans several times. They have a showroom so I was able to see what I was getting before buying. Great quality and very prompt with replies and actual production of my kitchen. Highly recommend this company, Brendan was particularly helpful if I needed any question answered. Found price was very competitive. I’ll post a photo when all the kitchen is finished.

    Joe Franklin Avatar Joe Franklin
    October 2, 2018

    So happy with the service and product I received from Flatpacks WA, so easy to deal with, perfect condition and just plain easy, special thanks to Mark for his great service

    Gordon DeSnoo Avatar Gordon DeSnoo
    September 19, 2018

    I wanted a large desk unit, that I had designed, built at a reasonable price. This company was recommended by my daughter so we checked it out. Brendan & the team were extremely helpful. They were patient as I fine tuned the design and made great recommendations. Consequently our unit was delivered yesterday & is everything I was hoping for. I am thrilled.

    Carolyn (seejay53) Avatar Carolyn (seejay53)
    September 19, 2018

    These guys are Great. Can't recommend them highly enough. Excellent customer service, lovely products, and any issues I had during (self) installation were sorted immediately. Have done my kitchen, laundry and ensuite with them, and will be doing cabinetry for the rest of the house too. Thanks Brenndan, Scott and team.

    Stuart Prince Avatar Stuart Prince
    September 19, 2018

  • A great experience!! Both Brendan & Scott provided most helpful advice to me. (An amateur renovator) Their finished product was first class. Additionally, they were very mindful of my budget. Their service from beginning to end was flawless. I can confidently recommend Flat Packs WA. 👍👍👍👍👍👍

    Peter Dove Avatar Peter Dove
    September 19, 2018

    I wanted a large desk unit, that I had designed, built at a reasonable price. This company was recommended by my daughter so we checked it out. Brendan & the team were extremely helpful. They were patient as I fine tuned the design and made great recommendations. Consequently our unit was delivered yesterday & is everything I was hoping for. I am thrilled.

    Carolyn Avatar Carolyn
    June 20, 2018

About Flat Packs WA:

We supply custom made cabinetry for WA's Cabinet Makers and Builders.

Phone: (08) 9418 2833

Email: sales@flatpackswa.com.au

Office Hours:

Monday - Thursday: 8:00 am - 4:00 pm
Friday: 8:00 am to 3:00 pm
Saturday: By Appointment

Showroom by appointment or booking.

Our Factory / Showroom Address:
8 Geelong Court
BIBRA LAKE WA 6163

CMAWA

Flat Packs WA

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