Terms of Service

Last updated: January 1, 2025

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Lux Cabinets & Renovation (ABN: 24 618 252 451) concerning your access to and use of our website and services.

By accessing or using our website and services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our website or use our services.

Services

Lux Cabinets & Renovation provides renovation and construction services including but not limited to:

  • Kitchen renovations and custom cabinetry
  • Bathroom renovations
  • Full house renovations
  • Outdoor living and alfresco areas
  • Commercial fitouts and renovations
  • Custom carpentry and joinery work

All services are subject to a formal quotation, contract, and these Terms of Service.

Quotations and Contracts

Quotation Process

  • All quotations are valid for 30 days from the date of issue unless otherwise stated
  • Quotations are based on information provided by the client and site inspections
  • Prices are subject to change if the scope of work changes or unforeseen conditions are discovered
  • Quotations do not constitute a binding contract until formally accepted and a deposit is paid

Contract Terms

  • A formal written contract will be provided for all projects
  • The contract must be signed by both parties before work commences
  • Any variations to the contract must be agreed in writing
  • Contracts are subject to NSW building and construction legislation

Payment Terms

Design Deposit

A non-refundable design deposit of $500 AUD is required before we commence the design phase of your project. This deposit covers initial design work and consultation.

Progress Payments

Payment schedule for all projects:

  • $500 AUD - Design deposit (payable before design work begins)
  • 40% - Due upon acceptance of design
  • 40% - Due upon delivery of materials/cabinets
  • 20% - Due upon project completion

Payment Methods

We accept payment via:

  • Bank transfer (EFT)
  • Credit card (fees may apply)
  • Cash or cheque

Late Payments

Late payments may result in work being suspended until payment is received. Interest may be charged on overdue accounts at the rate specified in your contract.

Project Timeline and Delays

We provide estimated completion dates based on the scope of work. However, timelines may be affected by:

  • Weather conditions
  • Material supply delays
  • Unforeseen site conditions
  • Client-requested changes or variations
  • Third-party delays (e.g., council approvals, utility connections)
  • Force majeure events

We will keep you informed of any delays and work to minimize their impact on your project.

Client Responsibilities

As the client, you agree to:

  • Provide accurate information about your property and requirements
  • Obtain necessary approvals or permissions if you are not the property owner
  • Ensure site access for our team and deliveries during working hours
  • Clear the work area of personal belongings and fragile items
  • Make timely decisions on selections and variations
  • Make payments according to the agreed schedule
  • Notify us promptly of any concerns or issues
  • Comply with any reasonable site requirements or safety protocols

Variations and Changes

Any changes to the original scope of work must be:

  • Requested in writing or via email
  • Assessed for impact on cost and timeline
  • Quoted separately as a variation
  • Approved and signed by both parties before proceeding

Variations may affect the project timeline and final cost. We will provide written notification of any additional charges before proceeding with variation work.

Warranties and Guarantees

Workmanship Warranty

We warrant that all work will be performed in a professional and workmanlike manner in accordance with industry standards. Our workmanship warranty covers defects in our work for a period as specified in your contract and as required by NSW legislation.

Statutory Warranty

All residential building work over $20,000 is covered by statutory warranty insurance as required by NSW Fair Trading, providing protection for:

  • Completion of work if we cannot complete the contract
  • Defects in workmanship and materials
  • Major structural defects

Manufacturer Warranties

Products and materials supplied are covered by manufacturer warranties. We will provide relevant warranty documentation upon project completion.

Liability and Insurance

We maintain appropriate insurance coverage including:

  • Public liability insurance
  • Workers compensation insurance
  • Contract works insurance
  • Home warranty insurance (where required)

Our liability is limited to:

  • The value of the contract or the cost to rectify defective work
  • Direct damages arising from our negligence
  • Claims made within the warranty period

We are not liable for:

  • Pre-existing defects or conditions not disclosed
  • Damage to items not moved or protected by the client
  • Consequential or indirect damages
  • Delays caused by factors beyond our control

Cancellation and Termination

Cooling-Off Period

For contracts over $20,000, you have a 5-business-day cooling-off period from signing the contract, as required by NSW Fair Trading regulations.

Client Cancellation

Important: All payments made are non-refundable. If you choose to cancel the project at any stage after making a payment, no refund will be provided. This includes:

  • The $500 design deposit
  • The 40% payment after design acceptance
  • The 40% payment after delivery
  • Any other payments made prior to cancellation

This no-refund policy applies regardless of the stage of the project or reason for cancellation, except during the statutory cooling-off period (where applicable).

Our Right to Terminate

We may terminate the contract if:

  • Payment is not received within 7 days of the due date
  • Site access is not provided
  • There is a material breach of contract terms

In the event we terminate the contract due to client breach, all payments made remain non-refundable.

Intellectual Property

All designs, plans, and documentation created by us remain our intellectual property unless otherwise agreed in writing. You are granted a license to use these materials for the specific project only.

We may photograph completed projects for marketing purposes. If you prefer not to have your project photographed or used in our portfolio, please notify us in writing.

Privacy and Data Protection

Your personal information is collected and used in accordance with our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Dispute Resolution

If a dispute arises, we encourage resolution through the following process:

  1. Direct discussion between the parties
  2. Mediation through NSW Fair Trading or an agreed mediator
  3. If unresolved, proceedings in the NSW Civil and Administrative Tribunal (NCAT) or appropriate court

These Terms are governed by the laws of New South Wales, Australia.

Health and Safety

We maintain a safe work environment and comply with all relevant health and safety legislation. During construction:

  • Work areas may be hazardous and should be avoided by non-essential persons
  • Children and pets should be kept away from the work site
  • Follow any safety instructions provided by our team
  • Report any safety concerns immediately

Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability is limited to the contract value
  • We are not liable for indirect, consequential, or incidental damages
  • We are not liable for delays caused by circumstances beyond our reasonable control
  • Nothing in these terms excludes guarantees or warranties that cannot be excluded under Australian Consumer Law

General Provisions

Entire Agreement

These Terms, together with your project contract and quote, constitute the entire agreement between you and Lux Cabinets & Renovation.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services constitutes acceptance of the modified terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Lux Cabinets & Renovation

ABN: 24 618 252 451

Contractor Licence: 388701C

Supervisor Certificate: 93413S

Address: Unit 8/8 Kerr Rd, Ingleburn NSW 2565

Phone: 0411 290 922

Email: info@luxcabin.com.au

Acknowledgment

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.