Terms And Conditions
-
Application of these Terms and Conditions
The Client agrees that prior to acceptance of quote and installation, the Client has read and agreed to the terms and conditions as set out here under. For the purposes of this agreement, “MJI” is Muskett Joinery Installations and the “Client” is the named home owner or builder signing the Quote or Work Authorization provided by MJI.
In this agreement “Components” mean vinyl or edged doors and drawers, hinges, door handles, drawer runners and associated hardware etc.
-
MJI Installation Quote
MJI shall give the Client a Quote specifying the work required to be done in order to fulfill the Client’s instructions and an estimate of the Installation charge for the performance of such work.
Acceptance by the Client
Where MJI has given the Client a Quote:
(a) MJI need not commence work until the Quote has been accepted by the Client;
(b) The Client shall accept the Quote by signing and returning a true copy of the Quote accompanied by a job site reference number or reference name if applicable;
(c) Acceptance by the Client of the Quote will constitute acceptance by the Client of these Terms and conditions;
(d) Quotes are valid for thirty (30) days only, unless an extension has been authorised by MJI.
MJI May Revise Quote
MJI may amend the Quote after a period of three (3) months from the date of the signed acceptance of the Quote to take into account any rise or fall in the cost of performing the Installation and MJI shall notify the Client of such amendment as soon as practicable thereafter. MJI will not be obliged to commence work until such time as the Customer agrees to the amendment of the Quote.
Variations
Where there are variations to the original Quote
(a) the Client shall indemnify MJI from any additional cost incurred by any increase in the scope of the products and/or services to be provided by the Manufacturer or other trades;
(b) agreed variations will be added to final invoice and shall be payable at the completion of installation and no later.
-
The Client shall ensure that MJI has clear and uninterrupted access to the work site until the Installation work has been completed and MJI has been paid in full. This includes ensuring that the site is clear of any unnecessary trades.
MJI reserves the right to stop all work and charge standby rates if access to the site becomes impeded or the site becomes too crowded to conduct work safely.
Standby rates for the purpose of this agreement are: $85 per hour per tradesmen
The Client will indemnify MJI from additional costs or penalties should the completion of the Installation work be delayed due to interrupted site access or delay due to other trades work and other trade workmanship errors.
-
Installation exclusions
The following items and services are excluded from any MJI installations unless otherwise stated and agreed to in an MJI quote signed by the client.
No allowance for installation of dishwashers, integrated dishwashers or integrated dishwasher kick panels.
No allowance for integrated fridge or integrated microwave installation or vents
No allowance for range hood installation, ducting or vent to external eave
No allowance for other trades including but not limited to, plumbing, electrical, plastering and cornice work, painting, builder alterations, tiler etc.
No allowance for stone or acrylic bench top installation.
No allowance for under mount sink support or installation.
No allowance for splash back installation.
-
Payment
The Client must, within the time specified in the Quote, upon the Client receiving the Installation invoice, pay MJI the total amount set out in the invoice or payment claim.
Interest
MJI may charge interest at a rate of thirty percent per annum (30% per year) calculated on a daily basis on amounts not paid within the time specified.
Deposit
MJI requires a 30% deposit from the Client. The Client acknowledges MJI is under no obligation to start any installation works as requested by the Client, until the deposit is received by MJI in full and when all details pertaining to installation are finalised. In the event of default as to any progress payment owing to MJI on the part of the Client, MJI shall be entitled to forfeit the deposit and claim for the balance owing for any completed installation works and for any other materials or components purchased by MJI for installation.
Progress Payments
Progress payments may be required for larger or ongoing installations, this will be stipulated in the Quote where required, stating schedule and percentages.
When progress payments are not honoured by the Client, MJI reserves the right to halt any further work until such time as the outstanding payment is forthcoming.
Remedial Work
The Client hereby agrees that in the event remedial work is required for work completed to date, the Client shall only hold back the value/amount (agreed by both parties) of having the work replaced and not the entire due payment.
Damages
The Client must pay to MJI any costs, expenses or losses incurred as a result of the Client’s failure to pay MJI all sums outstanding as owed by the Client, including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a Solicitor and own client basis.
Cancellation
The Client shall reimburse MJI for any costs, expenses or losses incurred should the Client cancel any agreed to, ongoing installation work.
-
The guarantee on installation shall be for a period as specified below
Any warranty as to the joinery products and components shall be provided by the Manufacturer to the Client on or before installation of the Joinery.
The Client shall indemnify MJI against all warranties attached to products and components used in the Installation but purchased independently of MJI.
MJI warrants that the work will be carried out in accordance with all relevant laws in an appropriate and skillful way, in accordance with the plans and specifications (where relevant) using materials that are good and suitable for the purpose for which they are intended to be used.
MJI reserves the right to make null and void the installation warranty should the Installation be modified, altered, damaged, or put to any undue stress by the client or other trades.
In respect of all claims MJI shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/joinery components or in properly assessing the Client’s claim.
DEFECTS
Client within fourteen (14) days of installation notify MJI of any alleged, component or installation adjustments, or failure to comply with the plans descriptions. The Client shall afford MJI an opportunity to inspect the work within a reasonable time following installation if the Client believes the Installation is defective in any way. If the Client shall fail to comply with these provisions the Installation shall be conclusively presumed to be in accordance with the plans and terms and conditions and free from any damage.