General Terms and Conditions

 

Payments

1.1  LMW Family Pty Ltd trading as Brilliant Line requires a 50% deposit prior to commencing work, ordering materials, releasing any goods or providing any services. The balance hereafter must be paid upon the issue of a complying tax invoice by LMW Family Pty Ltd trading as Brilliant Line before the delivery of any products and/or services within 7 days of the date of invoice, unless otherwise stated on the invoice.

1.2  Any deposit/s and payment/s are non-refundable after payment unless otherwise stated on the invoice.

1.3  Invoices that are not paid by the client within 7 days (or the period specified on the invoice) will be deemed a Payment Default.

1.4  When the account becomes overdue, in default, the debtor will be notified and be given 7 days to pay the account in full after LMW Family Pty Ltd trading as Brilliant Line has the right to charge interest and a storage fee. The interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a 3% per month (and at LMW Family Pty Ltd trading as Brilliant Line’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. Storage fee is charged at 5% of the remaining balance per day until the date of payment.

1.5  Payment default that are 30 days or more overdue may be handed over to a debt collection agency or solicitor. In this instance the client agrees to indemnify LMW Family Pty Ltd trading as Brilliant Line from and against all costs and disbursements incurred by LMW Family Pty Ltd trading as Brilliant Line in pursuing the debt including legal costs and/or debt collection agency costs. These costs will remain at the expense of the client.

 

Ownership

2.1   All goods including products and materials remain the property of LMW Family Pty Ltd trading as Brilliant Line until payment is made in full.

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Quotation

3.1   All quotes are valid for 14 days from the date of the quotation provided by LMW Family Ptd Ltd trading as Brilliant Line. If acceptance is received after this period has lapsed, the job/order may be required to be requoted.

3.2   A copy of the written quotation will be sent or presented to the client setting out what we will and will not provide and our payment terms as per clause 1.1-1.5.

3.3  Unless specifically stated in our quotation, our quotations are based on the cost of labour and materials at the date of the quotation and are subject to change.

3.4   All quotations are inclusive of Goods and Services Tax (GST). Upon acceptance of the quote, the customer agrees to pay for any taxable supply at prices adjusted per ATO guidelines, to take into account GST.

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Acceptance

4.1   The Customer must communicate acceptance of the quotation before the commencement of work including order of any materials.

4.2  When the client provides an email approval to proceed with the quote/order/work and make a payment deposit, this will indicate acceptance of quotation and Terms & Condition’s with or without a signature. This action binds the client to accept LMW Family Pty Ltd trading as Brilliant Line’s Terms and Conditions. 

 

Variation

5.1  It is the client’s responsibility to ensure all aspects and not limited to details of the design, selection and materials are correct prior to the acceptance of the quote.  Any alterations/variation by the client after acceptance of the quote must be sent to LMW Family Pty Ltd trading as Brilliant Line in writing prior to the commencement of work. No verbal agreements or instructions related to the variation will be carried out unless it is received in writing by LMW Family Pty Ltd trading as Brilliant Line, and approved by us.  

5.2  LMW Family Pty Ltd trading as Brilliant Line reserves the right to change the price in the event of a variation to LMW Family Pty Ltd trading as Brilliant Line’s quotation. 

5.3  Any variations including but not limited to design, profile, selection, materials and labour – from the original quote needs to be paid up front and in full in the event there is a price increase prior to commencement of work.

 

Cancellation

6.1  In the event that the client chooses to cancel after the acceptance of the quote including written notice, signature and/or deposit, a cancellation fee may be charged. This fee is to cover any incidentals that LMW Family Pty Ltd trading as Brilliant Line will or has absorbed if the order has been placed for materials. LMW Family Pty Ltd trading as Brilliant Line reserves the right to not refund any deposit/s and payment/s made. 

 

Warranty

7.1   LMW Family Pty Ltd trading as Brilliant Line warrants that the work will be carried out in accordance with all relevant laws in an appropriate and skilful way, in accordance with the plans, design and specifications (where relevant).

7.2  LMW Family Pty Ltd trading as Brilliant Line reserves the right to make null and void the warranty should the Goods be modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.

 

Limitation of liability

8.1   All materials including (but not limited to) manufactured board, 2 pac paint, timber, thermo-formed door panel, laminate, veneers can often show slight surface imperfections and/or colour/surface variations.  While all due care is taken this can often not be avoided and is considered acceptable to the industry standards and manufacturers specifications. This can include but not limited to:

• As a natural material, all wood is affected by exposure to light, heat and harsh chemicals. It is also naturally affected by moisture and seasonal changes in humidity. Wood will naturally contract (shrink) in low humidity and expand in high humidity conditions. Mitred door styles and solid wood centre panels tend to exhibit more noticeable changes and subtle movement in humid conditions.

• All Finishes: Wood products, including cabinet doors, drawer fronts, and face frames, will always be affected by environmental conditions. Cabinet finishes are also affected by artificial and natural light and heat sources. Over time, cabinetry finishes will darken or mellow. LMW Family Pty Ltd trading as Brilliant Line adheres tightly to an acceptable range of colours for each of our furniture finishes and within this range, natural variation will occur, although it will be slight.

• As wood naturally expands and contracts over time, this movement may cause hairline cracks in the finish surface overtime at the joints. This will be most noticeable in some of our more semi-opaque and painted finishes. These are the natural characteristics of wood and are not a reflection of poor craftsmanship. These natural characteristics cannot be deemed as a reason for product replacement.

• Prolonged exposure to tobacco smoke will discolour lighter White and Cream-based finishes and 2pack door finishes. Alawa Cabinetmakers cannot warrant finish distortion based on prolonged exposure to these conditions.

LMW Family Pty Ltd trading as Brilliant Line will therefore not be liable for such small imperfections.

8.2 Any such imperfection stated in clause 8.1 does not allow the Client to terminate payment of our contract with LMW Family Pty Ltd trading as Brilliant Line or to obtain any refund or damages for breach of contract or our Product Warranty.

8.3 LMW Family Pty Ltd trading as Brilliant Line does not, under any circumstances, warrant that the products are fit for the client’s intended purpose. It is the client’s sole responsibility to check and ensure that the goods are sufficient and of the description, quality and suitability of the client choosing for the application the client has for the goods.

 

Site Reponsibility

9.2 Unless specified in the Quotation client is responsible for all planning, building and other consents and permits and for providing the Site to us ready for delivery and prompt installation of the Kitchen/Cabinetry/Items by co-ordinating all other work and trades on Site. The Site must be clear from obstructions, building materials and debris. Failure to do so may result in all items returning to our factory, which will result in additional delivery/ handling fees, and time delays. LMW Family Pty Ltd trading as Brilliant Line holds no responsibility for unpreparedness of the delivery/installation site. We hold no responsibility for additional fees resulting in site unpreparedness.