Effective [31.05.24]

1. Definitions

1.1. "We," "Us," and "Our" refer to Ray Martini Studio.

1.2. "Client" refers to the individual, business, or entity purchasing goods or services from Us.

1.3. "Goods" encompasses all custom and standard items, including but not limited to urban furniture and outdoor kitchen products, supplied by Us as specified in invoices, proposals, or order confirmations.

1.4. "Shop Drawings" refers to detailed drawings provided by Us as necessary for custom work and referenced in the Quote for client approval.

1.5. "Quote" refers to the pricing document or estimate provided for client approval prior to order finalization.

2. Acceptance of Terms

2.1. By accepting a Quote, placing an order, or receiving Goods from Us, the Client acknowledges and agrees to these Terms and Conditions in full.

2.2. Any modifications to these Terms must be mutually agreed upon in writing. Any terms or conditions supplied by the Client that contradict these Terms shall be disregarded unless expressly accepted in writing by Ray Martini Studio.

3. Quotations, Orders, and Shop Drawings

3.1. Quotations: All Quotes are valid for 30 days from issuance unless otherwise stated. If a Quote expires, a new Quote must be issued.

3.2. Shop Drawings and Specifications: Where a project requires Shop Drawings, they will be issued for client approval, outlining specific details such as materials, dimensions, and finishes. Any approved Shop Drawings will form part of the order. Revisions requested post-approval may incur additional fees and impact delivery timelines.

3.3. Order Confirmations: Orders are considered confirmed upon written approval of the Quote, any Shop Drawings, and payment of the deposit (see Section 4). Orders are manufactured based on approved specifications; changes requested thereafter may require additional costs and revised delivery timelines.

4. Pricing and Payment

4.1. Pricing: All prices are inclusive of GST and delivery but exclude installation fees unless otherwise specified. Any adjustments in fees or taxes will be reflected in the final invoice.

4.2. Deposit: A standard deposit of 50% of the order total (inclusive of GST) is required at confirmation, unless otherwise specified on the Quote and Invoice. Payment terms may be tailored on a case-by-case basis and, where applicable, reflected in the Quote.

4.3. Final Payment and Overdue Fees: The balance payment is due as per the terms on the invoice, typically 30 days after delivery. For overdue payments, interest may be applied at a rate deemed fair and reasonable by Us, calculated on a case-by-case basis.

5. Delivery, Storage, and Risk

5.1. Delivery: We coordinate delivery of Goods based on the agreed-upon schedule. Delivery dates are estimates and may be affected by factors outside Our control.

5.2. Site Access and Inspection: The Client is responsible for ensuring clear and accessible delivery conditions. If access is restricted, We or the delivery service may either wait a reasonable period or reschedule, with associated fees. Upon delivery, the Client must inspect the Goods immediately. Any defects or damages must be reported in writing to Us before the delivery team departs. Failure to do so waives the Client’s right to claim for defects not disclosed at the time of delivery.

5.3. Storage: If delivery is delayed at the Client’s request, We will store the Goods at no charge for up to 14 days from the scheduled delivery date. After this period, storage fees may be applied at Our discretion, generally up to 2% of the product price per month, inclusive of GST, and will be assessed on a case-by-case basis. Goods in storage are at the Client’s risk, and no claims for defects will be accepted after the initial 14 days in storage. Payment due dates remain as stated on the invoice, regardless of storage.

5.4. Risk Transfer: Responsibility for the Goods transfers to the Client upon delivery. Insurance coverage for loss, damage, or theft post-delivery is the Client’s responsibility.

6. Returns, Cancellations, and Refunds

6.1. Returns: Due to the custom-made nature of many of Our products, returns for bespoke items are generally not accepted. However, for standard catalogue items, returns may be considered within 14 days of delivery if Goods are unused and undamaged, with prior approval from Us. Any return policy for standard items will be provided at the time of sale.

6.2. Cancellations: Cancellations after order confirmation may result in forfeiture of the deposit and/or incur additional fees, depending on the production status of the order and expenses incurred. Orders involving bespoke, custom-made, or one-off items are generally non-cancellable once production has begun.

6.3. Refunds: Refunds, if applicable, are determined by Us and will generally not apply to custom-made products.

7. Ownership and Security Interest

7.1. Title: Title of Goods transfers to the Client only upon full payment of all due amounts, inclusive of GST.

7.2. Security Interest: Until payment is made in full, We retain a security interest in the Goods, as defined under the Personal Property Securities Act 2009 (PPSA). Should payment not be completed, We reserve the right to reclaim the Goods under PPSA provisions.

8. Warranty and Limitation of Liability

8.1. Warranty: Goods provided by Ray Martini Studio are warranted against defects in materials and workmanship, as per applicable industry standards. Warranty terms and conditions apply only if Goods are used and maintained according to our specifications and intended use.

8.2. Exclusions: Our warranty does not cover damage resulting from misuse, improper installation, unauthorized modifications, exposure to harsh weather conditions, or failure to follow maintenance instructions.

8.3. Remedies: In the event of a valid warranty claim, Our liability is limited to repair, replacement, or refund of the Goods at Our discretion. We are not liable for indirect, consequential, or incidental damages.

9. Intellectual Property and Confidentiality

9.1. Intellectual Property: All designs, plans, drawings, and documentation provided by Us remain Our exclusive property. The Client is not authorized to reproduce, distribute, or disclose these materials without written permission.

9.2. Confidentiality: The Client agrees to maintain confidentiality of any proprietary or sensitive information shared by Us for the purposes of the project.

10. Privacy Policy

10.1. We collect and process personal information in accordance with the Privacy Act 1988. Client information will only be used for business purposes related to the provision of Goods and Services, including credit checks where applicable. We do not disclose personal information to third parties without Client consent unless required by law.

11. Governing Law and Jurisdiction

11.1. This Agreement shall be governed by and interpreted according to the laws of Queensland, Australia.

11.2. Any disputes arising from these Terms shall be resolved in the courts of Queensland.

12. Force Majeure

12.1. Neither party shall be liable for delays or failure in performance caused by events beyond their reasonable control, including but not limited to acts of God, severe weather, fire, floods, labor strikes, government restrictions, or other force majeure events.