Flat Packs WA PTY LTD - International Warranty
Background and General Conditions
- 1. This warranty is given by Flat Packs WA Pty Ltd (ACN 605 752 163) (“Flat Packs WA”) to the original purchaser (“purchaser”) of its products and services. (To the fullest extent provided by law, any claim by a person other than the purchaser must be against the purchaser.)
- 1.1 While a warranty is an important legal document, in this case regulating the rights and liabilities of both Flat Packs WA and the purchaser of its products and services, Flat Packs WA assures the purchaser that it will always seek to provide a fair and just solution in the event of any valid complaint.
- 2. Flat Packs WA designs and manufactures cabinetry:
- (a) on a “bespoke” basis, according to specifications which it agrees with the purchaser for a particular site; or
- (b) on an “off-the-shelf” basis, according to standardized sizes for purchase by the purchaser without the need for specifications to be agreed by Flat Packs WA and the purchaser.
- 2.1 Where the purchase of cabinetry from Flat Packs WA is on a bespoke basis, the design and manufacture of the cabinetry necessarily depends upon the accuracy, completeness and clarity of the information provided to it by the purchaser. This information will either consist of detailed cabinetry plans which Flat Packs WA will use directly for the manufacture of the purchaser’s cabinetry, or it will consist of all measurements relevant to the cabinetry, together with accurate positioning for all services including but not limited to water, electricity and gas. In the latter case, Flat Packs WA will first produce detailed cabinetry plans based on the information provided to it by the purchaser. The purchaser is then required to give written approval of the detailed cabinetry plans prepared by Flat Packs WA, and Flat Packs WA will not proceed further unless and until such approval is given.
- 2.2 The purchaser acknowledges that Flat Packs WA relies upon the accuracy, completeness and clarity of the information which it provides to Flat Packs WA, whether this consists of detailed design plans which Flat Packs WA will use directly for the manufacture of the purchaser’s cabinetry, or measurements relevant to the cabinetry from which Flat Packs WA will produce detailed cabinetry plans for the purchaser’s approval.
- 2.3 On Flat Packs WA’s receipt of:
- (a) detailed cabinetry plans provided to it by the purchaser; or
- (b) the purchaser’s written approval of detailed cabinetry plans prepared for it by Flat Packs WA on the basis of information provided by the purchaser, Flat Packs WA is entitled to assume the accuracy, correctness and clarity of detailed cabinetry plans provided to it by the purchaser, or of all information provided by the purchaser from which Flat Packs WA prepared detailed cabinetry plans, as the case requires. Notwithstanding anything else in this warranty, Flat Packs WA is not liable for defects in the cabinetry to the extent to which these are attributable to inaccuracy, error or lack of clarity of detailed cabinetry plans provided to it by the purchaser, or of all information which the purchaser provided to it from which Flat Packs WA prepared detailed cabinetry plans, as the case requires.
- 2.4 Where the purchase of cabinetry from Flat Packs WA is on an off-the-shelf basis, Flat Packs WA is not liable for defects in the cabinetry to the extent of its unsuitability to the site in which it is installed, including but not limited to improper sizing and lack of compatibility to any degree with services including but not limited to water, electricity and gas.
- 3. As agreed between Flat Packs WA and the purchaser, cabinetry manufactured by Flat Packs WA is handed over to the purchaser, either by delivery to or pick-up by the customer:
- (a) disassembled, for assembly and installation on-site by the purchaser;
- (b) assembled, for installation on-site by the purchaser; or
- (c) upon installed on-site by Flat Packs WA. For convenience, all such methods are referred to in this warranty using the expression “handing-over” and its cognates.
- 3.1 Notwithstanding anything else in this warranty, Flat Packs WA is not liable to the purchaser:
- (a) where the cabinetry is handed over to the purchaser disassembled for assembly and installation on-site by the purchaser (paragraph 3(a) above) – for errors in the assembly or installation of the cabinetry; or
- (b) where the cabinetry is handed over to the purchaser assembled for installation on-site by the purchaser (paragraph 3(b) above) – for errors in the installation of the cabinetry.
- 4. In order to obtain the full benefit of this warranty, the purchaser must:
- (a) already have paid Flat Packs WA in full for the cabinetry ordered; and
- (b) register this warranty with Flat Packs WA within ninety (90) days of purchase (or such longer time as may be required by law) by completing the online registration form at www.flatpackswa.com.au/warranty.
- 4.1 If this warranty is not registered with Flat Packs WA, only those warranty provisions which are required to be given by law will apply.
What is the term of this warranty?
- 5. Once this warranty is registered in accordance with clause 4 above, it comes into force:
- (a) if the cabinetry has already been handed over to the purchaser – with retrospective effect from the date of handing-over; and
- (b) if the cabinetry is then still to be handed over to the purchaser – upon handing-over.
- 6. Having come into force in accordance with clause 5 above, this warranty remains in force for the following term:
- (a) to the extent that the cabinetry consists of components which have defect warranties given by their manufacturers exceeding ten (10) years – in respect of such defects, the term of the manufacturers’ warranties; and
- (b) in all other cases – ten (10) years. commencing from the date of handing-over of the cabinetry to the purchaser.
What does this warranty apply to?
- 7. Subject to clauses 2, 3 and 8, this warranty applies to all defects and damage in or to the cabinetry purchased by the purchaser as follows:
- (a) where the cabinetry does not conform with the plans agreed by Flat Packs WA and the purchaser – in respect of the defect comprised in such nonconformity;
- (b) where there is any defect or damage occurring prior to or during handing-over to the purchaser (including any defect in any third-party component) – in respect of that defect or damage;
- (c) where there is any defect or damage during assembly by Flat Packs WA – in respect of that defect or damage; and
- (d) where there is any defect or damage during in installation by Flat Packs WA – in respect of that defect or damage.
What does this warranty not apply to?
- 8. This warranty does not apply to any damage or other defect to or of the cabinetry which results from any of the following, namely:
- (a) normal wear and tear (including, without limitation, rust or any other damage or defect attributable to exposure);
- (b) neglect or misuse;
- (c) storage or handling by any person other than Flat Packs WA at any time before assembly;
- (d) assembly by any person other than Flat Packs WA;
- (e) installation by any person other than Flat Packs WA;
- (f) any alteration or modification not approved in writing by Flat Packs WA;
- (g) any acts of the purchaser or of third parties, whether negligent, reckless or deliberate, falling outside paragraphs (b), (c), (d) and (e) above;
- (h) the fitting, storage, use or failure of any item (including a part of any item) on or in the cabinetry which for any reason causes any damage or defect to or in the cabinetry;
- (i) any acts of nature (“acts of God”), including fire or water damage.
What does a warranty event entitle?
- 9. On the finding or happening of a defect or damage in or to the cabinetry which falls within clause 7 above, but is not excluded by clause 8 above, within thirty (30) days thereof (or such longer period as may be required by law) the purchaser must notify Flat Packs WA in writing in order to make a warranty claim. The purchaser is to give full details of any such defect or damage or defect, and should if possible provide photographic evidence.
- 10. If Flat Packs WA admits the purchaser’s warranty claim directly, it must make reparation to the purchaser in accordance with clause 12 below.
- 11. If Flat Packs WA does not propose to admit the purchaser’s warranty claim directly, it must advise the purchaser accordingly. Flat Packs WA and the purchaser will then agree on the appointment of an independent investigator, or if no agreement is reached within sixty (60) days of the purchaser giving notification under clause 9 above, an investigator is to be appointed by the then-president of the Cabinet Makers Association of Western Australia (who may take such advice if any as he or she thinks appropriate). The investigator’s costs will be paid by the party against which the investigator decides – that is, by Flat Packs WA if the investigator finds that the purchaser’s warranty claim should be admitted, or by the purchaser if the investigator finds that the warranty claim should not be admitted. If the investigator admits the purchaser’s claim, Flat Packs WA must make reparation to the purchaser in accordance with clause 12 below.
- 12. If a warranty claim is admitted either directly by Flat Packs WA or through the decision of an independent investigator, within twenty-eight (28) days of the claim being admitted Flat Packs WA is to make reparation to the purchaser as follows, at Flat Pack WA’s option, namely:
- (a) to refund to the purchaser such reasonable amount as the purchaser has paid or is to pay under quote to a third party for the repair or rectification of relevant defect or damage to the cabinetry;
- (b) repair or rectify the defect or damage to the cabinetry at Flat Pack WA’s expense.
- 12.1 If Flat Packs WA is concerned that an amount paid by the purchaser to a third party for the repair or rectification of relevant defect or damage to the cabinetry is excessive, an independent investigator may be appointed for this purpose, and his or her costs paid, on the same basis as set out in clause 11 above.
- 12.2 Notwithstanding anything else in this warranty, Flat Packs WA is not liable for any indirect, special, consequential, or liquidated damages, including any loss of profits. The purchaser releases and discharges Flat Packs WA and its employees and agents from all such claims, actions, demands, suits and judgments arising from any defects or damage to or of the purchaser’s cabinetry to the extent that it would or may give rise to such damages.
- 13. Flat Packs WA will use its best endeavours to ensure that all visible parts of the purchaser’s cabinetry which it repairs or rectifies under warranty so far as possible match those parts of the cabinetry provided to the purchaser by Flat Packs WA which are not the subject of a warranty event. However, Flat Packs WA cannot guarantee an exact match, and this is understood and acknowledged by the purchaser. Further, Flat Packs WA will not be required to replace or modify those parts of the purchaser’s cabinetry which are not the subject of a warranty event, and the purchaser further understands and acknowledges this.
Australian Consumer Law statement
- 14. Flat Packs WA expects that, in nearly all cases, the purchase of cabinetry from it will not be a purchase by a “consumer” within the meaning of section 3 of the Australian Consumer Law. Nevertheless, the purchaser is advised to consult its legal advisers if there is a question whether the Australian Consumer Law applies. Where the purchase of cabinetry from Flat Packs WA does fall within the Australian Consumer Law, the following statement applies, notwithstanding any other provision in this warranty: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
Exclusion of the operation of other laws
- 15. As far as possible permitted by law, Flat Packs WA otherwise excludes from this warranty all terms implied by statute or by common law in Australia or by any other law whatsoever.
CUSTOM FLAT PACKS MADE TO ORDER FOR WA TRADIES
Flat Packs WA manufactures quality cabinetry for local businesses right across the Perth metro area.
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What Clients Say About Us
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.
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.
Very impressed with the service we received from Mark, finished product came within our budget and looks amazing.
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.
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.