Terms and Conditions
Terms and Conditions of Service
Ficus Studio Pty Ltd | ABN 39 660 506 730
1. Agreement & Acceptance
These Terms and Conditions apply to the supply of custom cabinetry, joinery, and related products (“Goods”) and services (“Services”) by Ficus Studio Pty Ltd (“we”, “us”, “our”) to the client (“you”). By paying a deposit to Ficus Studio, you acknowledge that you have read and agree to these Terms. No physical signature is required.
2. Payment Structure & Milestones
The following milestone payments apply to all projects:
- 10% Booking Deposit: Required to initiate administration and CAD designs. (Non-refundable). Initial site measurement and quotation are provided complimentary, prior to the deposit.
- 40% Production Payment: Payable upon CAD approval. This covers procurement of custom materials and manufacturing. (Non-refundable).
- 40% Delivery/Installation Payment: Due upon arrival of Goods on-site or commencement of installation.
- 10% Final Completion: Due immediately upon functional completion.
Functional Completion is defined as the Goods being installed and operable, excluding minor cosmetic adjustments or “punch-list” items. Invoices are payable within 7 days of issue.
3. Variations (Changes After CAD Approval)
Any changes requested after CAD approval are considered Variations and must be agreed in writing. Variations may affect price and lead times. The Company is not responsible for delays caused by Variations or unavailable information (e.g., appliances not onsite).
4. Non-Refundable Components (Genuine Pre-Estimate of Loss)
The Booking Deposit and Production Payment are non-refundable as they represent a genuine pre-estimate of the Company’s loss. They cover design labour, site preparation, and the procurement of custom materials that are manufactured to your specific dimensions and cannot be repurposed or returned.
5. Cancellation After CAD Approval
If you cancel after CAD approval, the Booking Deposit and Production Payment are retained in full for the reasons set out above. Any amount paid toward the 40% Delivery/Installation milestone is refundable only to the extent it exceeds costs already incurred by the Company (materials ordered, labour committed) at the time of cancellation.
6. Ownership & Risk
Ownership of all Goods remains with us until the full balance is paid. Until paid in full, you hold the Goods as a bailee, and they must not be altered or disposed of. Risk in the Goods passes to you upon delivery to the site. If payment defaults occur, we may, with reasonable notice, enter the premises to recover Goods to the extent permitted by law.
7. Site Preparation & Removal of Existing Structures
- Removal Care: Ficus Studio takes extreme care when removing existing cabinetry; however, the removal of glued or fixed builder-grade shelving often exposes unfinished surfaces or causes minor damage to underlying plaster and paint.
- Plaster & Paint: We will perform reasonable patching of screw holes and minor blemishes caused by removal. Final finishing (sanding, priming, and painting) remains your responsibility.
- Waste Removal: Unless a Tip/Disposal Fee is itemised on your quote, all waste materials will be stacked safely on-site for your disposal (e.g., via Council Hard Waste).
8. Site Access & Delays
You must provide safe and reasonable access to the installation area on the scheduled date. If installation is delayed due to incomplete works by others, restricted access, unsafe conditions, or last-minute date changes, the Company may charge a reasonable call-out or delay fee.
9. Appliance & Fixture Relocation
You are responsible for disconnecting and relocating fridges, ovens, and other appliances or fixtures from the work area prior to installation. Where you request that Ficus Studio move appliances on your behalf, this is done entirely at your risk, and Ficus Studio accepts no liability for any resulting damage to those appliances, the surrounding flooring, or adjacent surfaces.
10. Floor Protection
Ficus Studio takes reasonable precautions to protect existing floor surfaces during installation, including the use of protective coverings or sliders when moving cabinetry and materials. Ficus Studio is not liable for pre-existing floor damage, wear consistent with normal installation activity, or damage arising from appliances relocated at your request under Clause 9.
11. Hidden Services & Reasonable Care
We employ trade-standard precautions and reasonable care before drilling into walls. However, internal services (pipes, electrical, data) are not always detectable. To the extent permitted by law, Ficus Studio is not liable for damage to hidden services that could not reasonably be identified. You must advise us of any known hidden services prior to installation.
12. Trade Exclusions (Plumbing / Electrical / Gas)
We provide cabinetry and joinery only. We do not perform plumbing, electrical, or gas fitting (including disconnecting/reconnecting services or installing appliances). You must arrange licensed trades at your own cost.
13. Warranty & Aftercare
- Workmanship: We provide a 2-year workmanship warranty on installation labour.
- Hardware: Components are covered by manufacturer warranties; we will assist with reasonable claims.
- Australian Consumer Law: Our warranties operate in addition to your rights under the Australian Consumer Law, which cannot be excluded. This warranty does not cover building movement, wear and tear, or moisture/heat damage.
14. Photographs & Marketing
Ficus Studio may photograph completed works for use in its portfolio, website, and marketing materials, including social media. We will not disclose your name, exact address, or other identifying details in connection with these images. If you would prefer your project not be used for marketing purposes, please advise us in writing prior to project completion.
15. Limitation of Liability
To the maximum extent permitted by law, Ficus Studio’s total liability arising from or in connection with the Goods or Services is limited to the value of the contract price. Ficus Studio is not liable for any indirect, consequential, or economic loss (including loss of use, loss of income, or costs of alternative accommodation) arising from delays, defects, or any other matter connected with the Services. Nothing in this clause excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.
16. Price Variation on Extended Timelines
Quoted prices are based on material and hardware costs current at the time of quoting. Where a project’s commencement or completion is delayed beyond the original quoted timeframe for reasons outside Ficus Studio’s control (including but not limited to delayed CAD approval, client-requested rescheduling, or site unavailability), and material or hardware costs have materially increased in that time, Ficus Studio reserves the right to pass on the increase, which will be communicated in writing prior to proceeding.
17. Late Payments & Recovery
Invoices unpaid after 7 days may incur a $150 late fee. You agree to indemnify us for reasonable debt recovery costs, including legal fees on an indemnity basis should they be required to recover outstanding funds.
18. Governing Law
These Terms are governed by the laws of Victoria, Australia. Both parties submit to the jurisdiction of Victorian courts and tribunals (including VCAT).