Definitions

1.1 Means Decorug Holdings Pty Ltd, ABN: 63 166 722 354.

1.2 The Customer means the business customer/consumer of the Company.

1.3 The Manufacturer means the manufacturers of Goods and/or the wholesalers and their distributors.

1.4 The Contract means any contract for sale of Goods by the Company to the Customer.

1.5 The Goods means any goods forming the subject of the contract including parts and components of or materials incorporated in them.

1.6 The Flooring Accessories means such specified Goods as scotias, end profiles, 3in1 trims, stair nosing, and other types of flooring accessories.

Application

2.1 These Terms and Conditions (“Terms”) apply to all contracts for the sale of Goods by the Company.

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.

 

Quotations

3.1 All Quotations by the Company are subject to acceptance within 30 days.

3.2 The Company reserves the right to withdraw a Quotation at any time before it has been accepted by the Customer. No Quotation issued by the Company shall constitute an offer to supply Goods.

3.3 Verbal Quotations for stock availability from suppliers are correct at the time given by the Company, but unless confirmation of an order by the Customer is given immediately the Company cannot guarantee stock availability.

3.4 Quotations are only valid in writing and signed by authorised Company personnel, or in the form of an official pro-forma invoice.

Prices

4.1 Prices are determined at the time of order and, prior to payment of the deposit, and are subject to change without notice.

Payments

5.1 All invoices issued by the Company shall be paid by the Customer within the terms expressed in the said invoice unless otherwise agreed in writing by the Company.

5.2 A deposit of 40% of the total amount, declared within any Quotation must be paid by the Customer to secure the price and placement of an Order.

5.3 The payment of such a deposit of the quoted invoice by the Customer is confirmation and acceptance of the details and/or conditions contained in the quotation, and that the Customer has read and understands the Terms of this agreement and agrees to be bound by them.

5.4 Full payment of any invoice for Supply of Goods must be paid prior to the pick up or delivery of Goods.

5.5 If payment terms are provided, payment of quoted invoice plus any additional variation is to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

5.6 Payments can be made by direct debit, cash, bank cheque or credit card. Such other cards as American Express, Diners club and personal cheques, are not accepted by the Company.

5.7 If any amount of an invoice is disputed then the Customer shall inform the Company in writing of the grounds for such dispute within seven (7) days of delivery of the goods and shall pay to the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.

5.8 Should the Customer continue to exceed the Company’s trading terms; the debt will be passed on for collection. The Customer will be liable for all expenses associated with the recovery of outstanding amounts, including but not limited to legal fees on a full indemnity basis.

5.9 The remaining balance of 60% is payable 48 hours prior to the scheduled installation

Description

6.1 Any display sample or description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description or sample.

6.2 Where a display sample of the Goods is shown to and inspected by the Customer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.

Flooring

7.1 The acceptance by the Company of the Customer’s order for flooring Goods (Engineered Timber, Laminate, Vinyl, Hybrid) is made solely on the basis that the Terms as listed constitute the only binding Terms of the sale between the Customer.

7.2 Because timber is a natural product:

Variations in colour, texture, and other natural features will vary from board to board and batch to batch. The Manufacturer’s warranty does not cover variations in colour or variations between the samples and the installed floor;

Variations between sample and delivered material is not considered a product failure and cannot lead to replacement or warranty claim;

Bows in timber, both concave and convex, are not considered a product failure and cannot lead to replacement or warranty claim.

7.3 The limited warranty does not cover labour costs to repair or replace incorrect, damaged or visible defective material. Any defective, missing or incorrect items must be reported to the Company immediately for inspection and replacement. If installation has commenced it must cease until an inspection by the Company has been carried out.

7.4 Any damage during the installation process will be under customer reliability. This may include but not limited to walls, architraves, skirting boards, or kitchen panels.

7.5 Painting of skirting boards, beads, scotia after installation process is not the installation contractor nor DecoRug's responsibility.   

7.6 The Company also offers re-named flooring products. Each of these products comply with the original Manufacturer’s warranty and specifications. The re-naming is displayed on showroom samples including Quotations and/or Invoices.

7.7 Engineered timber flooring can/will be in nestled packs. (up to 33% nestled)

7.8 The Manufacturer and/or the Company declines any responsibility for material failure resulting from or connected with site conditions or installation methods.

7.9 The Company can provide a suitable installer to install the flooring system. Installers are contractors to the Company. While all care is taken at the time of installation, no responsibility is accepted by the Company.

Care and Maintenance of Flooring

8.1 All cleaning and maintenance of installed flooring must be carried out by the Customer in accordance with the Manufacturer’s specifications.

8.2 Neither the Company nor the installer can be held liable for the way the Customer cares for or maintains the installed flooring, as it is crucial that a timber-friendly environment be maintained at all times.

8.3 General information only on cleaning and maintaining installed flooring includes: (i) remove all coarse dirt and fibres with a soft broom or vacuum cleaner; (ii) a slightly moistened microfibre mop or misting spray system, to be used in conjunction with a hard-floor surface cleaning agent, ratio as per Manufacturer’s specifications; (iii) felt pads to be used under furniture and soft rubber castors on chairs. (A separate list of ‘Care and Maintenance’ suggestions is also available from the Company).

Supply Only Flooring

9.1 When the Contract is for a ‘Supply Only’ of products it is the Customer’s responsibility to provide the quantities required. Neither the Company’s management nor the Company’s staff can be held responsible for any errors in plan or supply requirements.

9.2 Prior to installation, the Customer and/or their installer must inspect all material to ensure that there are no visible defects and that all materials match the work order. The Customer/installer assumes sole responsibility for product inspection and acceptance of quality.

9.3 The Manufacturer and/or the Company makes no warranty or guarantee of the quality of the chosen installer’s work or of a particular installation performed by them. The Manufacturer and/or the Company disclaims all liability for any errors or improprieties in the installation of its products by an installer.

9.4 It is the sole responsibility of the installer/Customer to ensure that site conditions are acceptable for the installation of the flooring:

-Floor must be flat, and according to Australia Flooring Industry standard, a 3mm over any 3000mm radius is maximum acceptable deviation;

-Floor surface must be clean, dry, smooth and level, while the indoor humidity should be between 40-65% RH;

-If Floated floor, the fitted flooring requires a minimum 10mm expansion gap between the floor boards and any internal or external wall structure. Floors up to 6m wide or where extra allowance for expansion is required (e.g. moist locations) cramping pressure needs to be considered along with providing an intermediate expansion joint;

-All installation of flooring systems must be to Manufacturer’s specifications. Tongue and Groove flooring systems are to be glued as per Manufacturer’s specifications, and all Uniclic and 5G flooring systems are not to be glued as per Manufacturer’s specifications.

9.5 The Manufacturer and/or the Company declines any responsibility for material failure resulting from or connected with site conditions or installation methods.

9.6 In the situation the flooring is installed as a floating floor system, the Manufacturer’s warranty does not cover any issues due to gaps or indentation in the flooring system due to structural movement of the subfloor.

9.7Any problems related to expansion and contraction of the floor system due to excessive moisture and/or direct exposure to sunlight are not covered by the Manufacturer’s warranty.

Ownership and Risk

10.1 Risk in the Goods passes to the Customer upon delivery or pickup.

10.2 Ownership of the Goods remains with the Company until all amounts owing by the Customer to the Company have been paid in full.

Warranty and Claims

11.1 The Manufacturer’s warranty is in addition to any rights the Customer may have under Australian Consumer Law.

11.2 The Customer must inspect the Goods on delivery or upon pickup and notify the Company of any defects or issues within 7 days. Failure to do so will be deemed acceptance of the Goods.

11.3 Any claim under warranty must be supported by proof of purchase and evidence of the defect. The Company reserves the right to inspect the Goods before agreeing to any replacement or repair.

Indirect Loss

12.1 Notwithstanding any other provision of these Terms, the Company shall not be liable for any loss or damage to the Customer arising from or caused or contributed by the negligence of the Company, its servants, or agents. The Company shall not be liable for special, incidental, indirect, or consequential loss or damage suffered by the Customer as a result of a breach by the Company of its obligations or otherwise, including but not limited to economic or moral loss, loss of profits or revenue, or costs arising from such breach.

Severance

13.1 If any provision of these Terms is determined to be void by any court of competent jurisdiction, such determination shall not affect any other provision, and each such other provision shall remain in full force and effect.

STRUCTUAL & SUB-FLOORS

14.1 The Floor Coverings are not designed or intended to make level or make plane the structural and sub-floor areas that they are to be installed upon. Such requirements must be properly attended to by the client before the installation of the Floor Coverings and the condition of any structural or sub-floor remains the responsibility of the client unless remedial works are specifically quoted and undertaken by DecoRug as part of the agreed Scope of Works

14.2 Where remedial works to the structural or sub-floor are deemed necessary and the client refuses to undertake or agree to and/or pay for such works, DecoRug reserves the right to refuse to work on any sub-floor surface considered unsatisfactory or unsuitable to obtain a professional, first quality installation of the Floor Coverings (as the client would expect) and in accordance to Australian Standards. Should such situation prevail, then amongst other relevant conditions contained herein, (Clause 1.f) will apply.

ON-SITE ACCESS & SERVICE

15.1 The client agrees to provide access to the installation site on the scheduled installation days/times as agreed and will be responsible for ensuring that water is available on site as a well as 30 amp/ 240-volt power is supplied free to the site within 20 meters of any area where the work is to be undertaken.

FURNITURE & PERSONAL ITEMS

16.1 All furniture and furnishings obstructing the work area will be removed by the client wherever possible.

16.2 All personal items including valuables, breakables, ornaments, furnishings and the like must be removed by the client from all work areas.

16.3 In the event that DecoRug undertakes and charges to move furniture and/or electrical appliances from the work areas in order to facilitate the works, all care will be taken but no responsibility will be accepted for any damage, breakage or loss regardless of circumstances or value.

16.4 Should DecoRug undertake to move furniture in order to facilitate the works, furniture items such as bookcases, cupboards, draw chests and the like, must be emptied by the client prior to the scheduled installation works.

16.5 Specialised furniture items such as pianos, billiard tables and the like will not be moved by DecoRug and its solely the responsibility of the client to ensure that they are clear of the work areas prior to the scheduled installation.

16.6 Should DecoRug undertake to disconnect and/or move electrical appliances. Appliances requiring plumbing or entertainment equipment to facilitate the Floor Covering installation works, DecoRug will not undertake, nor be responsible for the re- installation or reconnection of any such appliances or equipment.

Governing Law

17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the state or territory in which the Company is based