IMPORTANT INFORMATION - PLEASE READ CAREFULLY
Please read these terms and conditions carefully before proceeding with your order. We draw your attention to the following key terms:
- All sales are final, with no change-of-mind refunds or returns accepted for any products, even if unopened.
- By proceeding with your order, you consent to National Floors using before and after photographs of your installation for marketing and social media purposes, unless you otherwise notify us.
- Cancellation and rescheduling fees apply, including a $700 fee for same-day cancellations and incorrect measurements.
- Full payment is due upon completion of installation, regardless of any pending minor adjustments or fixes.
- Timeframes provided are approximate only, and we will not be liable for delays due to circumstances beyond our reasonable control.
- We may report overdue accounts to credit reporting bodies.
- These terms and conditions do not intend to limit your rights and remedies at law, including any of your consumer law rights.
DEFINITIONS
In this Sales Order:
“National Floors” or “we” means National Floors Dandenong Pty Ltd; ABN: 42 661 299 878; ACN: 661 299 878.
“Customer” or “you” means the individual or entity purchasing products or services from National Floors whose name appears on this invoice.
“Products” means flooring materials and/or related accessories purchased by the customer in this invoice.
“Services” means installation and any other services (excluding delivery) mentioned in this invoice and provided by National Floors.
“Delivery” means the process of transporting products from National Floors to the customer’s specified location.
“Site” means the National Floors website, physical stores, or any place where our products and services are offered.
ACCEPTANCE OF TERMS AND CONDITIONS
By placing an order with National Floors, the customer acknowledges that they have read, understood, and agreed to these terms and conditions. Your acceptance is confirmed by
either:
- Making a deposit or full payment for your order; or
- Providing verbal or written acknowledgement of your acceptance.
PHOTOGRAPHY AND MARKETING CONSENT
As part of our service quality control and marketing activities, National Floors' contractors will take photographs before and after installation of flooring at the customer's premises. By accepting these terms and conditions and proceeding with the order, the customer:
- Consents to National Floors taking photographs of the installation site;
- Grants National Floors the right to use these photographs for marketing purposes, including social media, website content, and promotional materials;
- Acknowledges that these photographs may show the interior or exterior of the customer's property; and
- Releases National Floors from any claims arising from the use of these photographs.
If the customer does not wish for photographs of the property to be used for marketing purposes, the customer must notify National Floors in writing prior to the commencement of work.
AMENDMENTS TO TERMS AND CONDITIONS AND SALES ORDER
National Floors reserves the right to amend these terms and conditions to reflect changes in our services, market conditions, or legal obligations. National Floors will provide at least 30 days' written notice of any amendments to these terms and conditions. Notice will be provided through email to your last known email address and by posting on our website.
By continuing to use National Floors' services or making a purchase after the 30-day notice period, you agree to be bound by the terms and conditions as modified. National Floors encourages you to review this document periodically to stay informed of any changes.
Additionally, based on your project plans, National Floors provides an accurate initial invoice. If additional work is needed due to plan discrepancies or unforeseen site conditions, National Floors will adjust the invoice accordingly, potentially increasing the cost. You will be notified of any such adjustments before additional work proceeds.
PAYMENT
Payment for products and services is structured to accommodate the nature of your order, ensuring transparency and ease throughout the process. Below are the payment terms based on the type of order:
FOR PRODUCT-ONLY ORDERS:
- Deposit: An agreed deposit between the customer and National Floors is required at the time of order to initiate the process.
- Partial Payment: At least 3 days before the scheduled pickup, 90% of the total balance must be paid.
- Full Payment: The remaining balance must be paid in full before pickup.
FOR DELIVERY ORDERS:
- Deposit: An agreed deposit between the customer and National Floors is required at the time of order to initiate the process.
- Partial Payment: At least 7 days before the scheduled delivery, 90% of the total balance must be paid.
- Full Payment: The remaining balance must be paid in full at least 3 days before the delivery date.
FOR SERVICE ORDERS:
- Deposit: An agreed deposit between the customer and National Floors is required at the time of order to initiate the process.
- Partial Payment: At least 3 days before the scheduled installation of products, 90% of the total balance must be paid.
- Full Payment: The remaining balance must be paid upon the installers' arrival at the job address.
TIME FOR PAYMENT
Upon completion of the installation, full payment is due regardless of any pending adjustments or fixes. The obligation to pay for the installation upon completion is not contingent upon the execution of these adjustments or repairs, which are offered as an additional assurance of our dedication to quality and customer satisfaction.
PAYMENT DISHONOUR CONSEQUENCE:
If the customer does not make full payment by the installer's arrival time, National Floors may withhold service. Furthermore, if non-payment causes National Floors to leave and reschedule, a $700 additional fee will apply to cover delay and rescheduling costs.
DEBT RECOVERY:
If the customer owes National Floors any monies under this invoice and the customer's failure to pay such monies causes National Floors to enter into debt recovery process, then the customer will indemnify National Floors in relation to all costs and disbursements incurred (including but not limited to administration fees, legal costs on a solicitor and client basis, collection agency costs, and bank fees).
TIMEFRAMES AND DELAYS
All timeframes provided by National Floors for delivery, pickup, or installation are approximate only. National Floors will endeavour to meet scheduled dates and will provide reasonable notice to the customer if delays occur due to unforeseen circumstances, including but not limited to:
- Supplier delays in releasing products;
- Installer illness, accident, or emergency; or
- Other circumstances beyond National Floors' reasonable control.
National Floors will not be liable for any costs, losses, or damages incurred by the customer as a result of delays to approximate timeframes. Customers are advised not to make arrangements that depend on exact timing of delivery or installation.
DEBT RECOVERY & CREDIT DEFAULT
If the customer owes National Floors any monies under this invoice and fails to make payment by the agreed due date, National Floors may initiate debt recovery procedures. The customer agrees to indemnify National Floors for all costs and disbursements incurred in recovering the debt, including but not limited to administration fees, legal costs on a solicitor client basis, collection agency charges, and bank fees.
CREDIT DEFAULT REPORTING
In cases where a debt of $150 or more remains unpaid for at least 60 days, National Floors reserves the right, either directly or through an authorised collection agency, to disclose the overdue account to a registered Credit Reporting Body (CRB), in accordance with Australian law.
Before doing so, National Floors will:
1. Issue a first written notice to the customer, advising of the overdue amount and requesting payment. This will be sent to the customer’s last known address or primary method of communication (e.g., email).
2. If payment is not received, issue a second written notice no earlier than 30 days after the first notice. This will advise the customer of National Floors' intention to disclose the default information to a CRB.
3. Wait a minimum of 14 days after the second notice before any default listing is made.
By making a payment (either partial or full), the customer acknowledges and agrees to these terms and conditions, and consents to National Floors' right to report overdue accounts to a CRB if the above conditions are met.
Definition of ‘Default Information’: For the purposes of this agreement, default information may include:
- The customer’s name and contact details (including address and/or email)
- The amount overdue
- The due date of the original payment
- The date the overdue amount was listed
- The fact that the customer has failed to meet their credit obligations with National Floors
The customer acknowledges that the listing of default information may negatively impact their credit score and ability to obtain future credit.
Any such disclosure will be done in accordance with the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2024.
SERVICES CANCELLATION AND CUSTOMER-CAUSED DELAYS
NON-SAME-DAY SERVICE CANCELLATION:
If the service is cancelled on a day other than the scheduled day of installation, a cancellation fee of $350 will be applied. This fee covers the operational costs incurred in preparing for the scheduled service.
NON-SAME-DAY SERVICE RESCHEDULING:
Rescheduling may incur additional costs, varying by the specifics of the service and timing of the request. We assess these fees on a case-by-case basis to cover costs associated with scheduling changes.
SAME-DAY CANCELLATION/RESCHEDULING FEE:
If the service is cancelled on the same day as the scheduled installation day, a cancellation fee of $700 will be applied. This higher fee accounts for the significant resources allocated for the day's service that cannot be redirected at short notice.
INCORRECT MEASUREMENT FEE:
If the customer provides incorrect measurements that result in National Floors needing to:
- Return to the warehouse to collect additional materials;
- Reschedule the installation due to insufficient or excess materials; or
- Incur additional delivery or labour costs;
A fee of $700 will be charged to cover the actual costs incurred, including but not limited to contractor fees, additional delivery costs, rescheduling costs, and administrative expenses. This fee represents National Floors' genuine pre-estimate of losses incurred due to incorrect measurements provided by the customer.
SITE PREPARATION FAILURES:
Where the customer fails to properly prepare the site in accordance with the requirements set out in the "Services Preparation" section, and this failure results in National Floors or any third party suffering or incurring delays, rescheduling, additional costs, or requiring a change to the services or product, National Floors will notify the customer and the customer will be liable for all reasonable costs actually incurred by National Floors as a result of such failure.
WARRANTY
Our work is secured by public liability insurance up to $20,000,000.00.
SERVICE WARRANTY:
National Floors provides a 12-month workmanship warranty starting from the installation completion date. This warranty covers any necessary repairs or adjustments to ensure the installed flooring meets our standards of excellence. This 12-month warranty is in addition to, and does not limit or exclude, your rights under Australian Consumer Law.
PRODUCT WARRANTY:
Upon receiving products via delivery or warehouse pickup, it is the customer’s responsibility to thoroughly inspect the products. By doing so, the customer is taking reasonable steps to assess the products’ quality. The customer should endeavour to report any products that are not of acceptable quality within 24 hours of collection to enable National Floors to respond as quickly and effectively as possible. However, nothing in this clause limits the customer's rights under Australian Consumer Law to report defects within a reasonable timeframe.
National Floors will not be liable for defects that could have been reasonably detected during inspection where unreasonable delay in reporting has prejudiced National Floors’ ability to remedy the defect or investigate the claim, and any damages during delivery or installation by unaffiliated third parties.
It is imperative that the consumer adheres to the product care guidelines stipulated by the manufacturer to uphold the validity of the warranty. In the event that these instructions are not readily accessible online or if encountering obstacles in obtaining them, the consumer is advised to promptly notify either National Floors or the manufacturer for further assistance. Furthermore, it is expressly stated that any damage incurred as a result of improper installation by entities other than National Floors may render the warranty null and void. Compliance with the manufacturer's installation instructions is deemed indispensable to maintain eligibility for warranty protection.
Our natural timber product celebrates the beauty of nature, meaning each piece boasts unique characteristics like gum veins and knots, differing from any sample seen.
- All flooring may lighten due to wear and exposure to sunlight or darken as part of its natural aging process.
- To maintain the beauty and integrity of your flooring, it’s important to shield it from direct sunlight and excessive moisture; immediate clean-up of spills and regular cleaning with a damp mop are recommended.
- Additionally, environmental factors such as slab heating and evaporative air conditioning can impact the flooring, potentially affecting warranty coverage.
The following points serve as fundamental guidelines provided by the manufacturer. For a comprehensive overview, please consult the manufacturer's guidelines. Adherence to these care instructions is essential for preserving the longevity and inherent quality of your flooring, thereby maintaining its aesthetic appeal over an extended period.
DELIVERY PREPARATION
It is the customer’s responsibility to:
- Be aware that delivery time is often between 9am and 7pm on the scheduled date.
- Ensure that driveway access is available before delivery commences; otherwise, supplementary fees may be incurred.
- Arrange prior approval for deliveries beyond 3 meters from the delivery vehicle or upstairs, which may incur additional fees.
- Ensure timely access for delivery drivers; a grace period of up to 15 minutes will be provided upon delivery. Failure to grant access within this timeframe may result in additional charges.
- Be responsible for any incurred parking fees.
- Ensure that pets are kept away from areas where handling takes place.
SERVICES PREPARATION
- It is the customer’s responsibility to:
- Ensure that pets are contained away from areas accessible to installers during the installation process.
- Ensure that all floors are properly vacuumed and cleaned prior to installation.
- Be aware that installers will often arrive between 7am and 10am on the scheduled date.
- Ensure that power and lights within the home are available for work to commence, not solely from a power box.
- Acknowledge that providing incorrect measurements may result in additional charges for delivery, installation, and product costs.
- Ensure that the installation space is clear of furniture and obstructions before our team's arrival to avoid potential delays and additional charges.
- Understand that any items left within the installation area are at the customer’s risk, and it is advisable to remove valuables, including money and jewellery, to prevent loss or damage.
- Minimize access to the installation area by non-flooring trades once work has commenced.
- Assume responsibility for any doors that require cutting; additional charges may apply if such services are requested.
- Remove existing floor coverings, if not included in the scope of work, before the installation date.
- Note that predicting the condition of the subfloor is challenging without inspecting it after removing existing floor coverings.
- Ensure that floor leveling does not exceed 3mm to avoid the need for floor preparation, which may incur additional costs.
- Understand that any installation issues related to improper subfloor preparation, if managed by the customer, will not be covered under our warranty.
- After the installation of flooring, any skirting reinstallation or initial installation is performed by our installers. However, the finishing touches, including painting and the application of gap fillers around the skirting, are not included in our scope of work.
SEVERABILITY AND WAIVER
If a court finds that any part of any term of this document is or becomes illegal, void, or unenforceable, that part is deleted and this does not invalidate the rest of this document. If National Floors does not enforce its rights under this document at any time, it does not mean that it may not do so on future occasions.
LEGAL CLAUSES
This section outlines various legal obligations and rights under the agreement, including but not limited to:
INTELLECTUAL PROPERTY:
All content on the site, including text, graphics, logos, and images, is the property of National Floors and is protected by law.
REFUNDS AND RETURNS POLICY
Nothing in this policy limits or excludes the rights you have under Australian Consumer Law. If any product supplied by National Floors is not of acceptable quality, does not match its description or sample, or fails to meet the purpose you disclosed at the time of purchase, you are entitled to choose a refund or a replacement.
No change-of-mind refunds or returns for carpet. All carpet is cut to each room’s exact dimensions and cannot be repurposed for another home. Our suppliers therefore refuse returns of cut carpet, and we are unable to offer refunds.
Regarding flooring, all sales are final. Even unopened cartons cannot be returned or refunded. Batch-to-batch variations in colour, gloss, and texture mean returned stock cannot be matched or resold, and manufacturers enforce strict no-return conditions once a sales order is raised.
LIMITATIONS OF LIABILITY:
Despite anything to the contrary, but subject to your consumer law rights, National Floors to the maximum extent permitted by law will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our products or services. National Floors' maximum aggregate liability for any liability arising from or in connection with these terms and conditions will be limited to the price paid by the customer to National Floors in respect of the supply of the relevant products and services and National Floors will not be liable for, and the customer waives and releases National Floors from and against, any liability caused or contributed to by any loss or damage which is the inevitable and unavoidable part of performing the products and services.
GOVERNING LAW:
These terms and conditions are governed by and construed in accordance with the laws of Australia, and any disputes will be resolved in accordance with Australian law.
DISPUTE SETTLEMENT
A party may not commence court proceedings relating to any dispute, controversy, or claim arising from, or in connection with, these terms and conditions (including any question regarding its existence, validity, or termination) (“Dispute”) without first complying with this clause. A party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute (“Dispute Notice”).
The parties must meet (whether in person, by telephone, or video conference) within 10 business days of service of the dispute notice to seek (in good faith) to resolve the dispute. If the parties do not resolve the dispute within 20 business days of the date the dispute notice was served (or such further period as agreed in writing by the parties), either party may refer the matter to mediation, administered by the Australian Disputes Centre in accordance with the Australian Disputes Centre Guidelines for Commercial Mediation.
Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of these terms and conditions.
TITLE AND RISK
Title in the products will remain with us until all amounts due and payable to us under these terms and conditions are paid in full.
Risk in the products will pass to you on:
- Collection of the products via delivery or warehouse pickup as agreed between the parties; or
- Delivery of the products to the site, provided that risk in the products will remain with us if, and at the times that, National Floors are required to incorporate the products at the site as part of the services and will transfer to the customer once we have completed the relevant services.