1) DEFINITIONS

Conditions mean these Standard Trading Terms & Conditions; The client includes the purchaser of goods and/or services and/or materials from Iliana Interiors and (save where the expression is used in the context of the purchaser’s obligation to pay Iliana interiors [ABN 49301914153] any agent, employee, sub-contractor, or representative of such purchaser; Delivery means the delivery to and unloading of goods and/or materials at Delivery Location; Delivery Address means the address for delivery nominated by the Client at the time of quotation. 

2) AGREEMENT 

These Conditions, the quotation (if any), and any other documents specified in the quotation form the entire agreement between Iliana Interiors and the Client concerning which Iliana Interiors will supply goods and/or services and/or materials to the Client. They set out the only conduct relied on by the parties and supersede all earlier conduct by the parties. Any variations, alterations, or additions to these Conditions must be acknowledged in writing by Iliana Interiors. 

3) QUOTATIONS AND ACCEPTANCE

i. Prices quoted will remain valid for a period of 30 days from the date of the Quotation, after which time, Iliana Interiors reserves the right to amend the Quotation based on increases in costs of materials and/or labour.

ii. Orders for goods and/or services and/or materials based on oral quotations by Iliana Interiors are subject to these Conditions.

iii. Unless otherwise stated in our Quotation, all works proposed would be carried out during normal working hours.

iv. Any special conditions will not be accepted unless specified on the Quotation and/or agreed to in writing by both parties.

v. Placement of a deposit and/or order to Iliana Interiors by Client, either orally or in writing, constitutes Customer's acceptance of these Conditions. 

4) PAYMENT TERMS

i. Payment for services shall be 50% deposit before works proceeding, further 30% payment due upon completion of product meeting and remainder 20% payment due upon handover of relevant design concepts, schedules, and documentation.

ii. Payment for all credit accounts and invoices shall be "Net 7 days" meaning Iliana Interiors must receive payment in full in respect of its invoices to Client within seven (7) days following the date of invoice.

iii. Unless alternative prior arrangements have been agreed, payment for supply of goods and/or materials is due in full before the delivery of goods and/or materials at the Delivery Address. 

iv. Iliana Interiors shall have the right to suspend work on any or all phases of the project if any payment or partial payment is five (5) days delinquent.v. Iliana Interiors shall not have any obligation to continue work on the project until such delinquent sums, along with any accrued interest, are paid in full. 

5) DEPOSITS OR PAYMENT FOR GOODS AND/OR MATERIALS

Where Iliana Interiors is to order any goods and/or materials and advance payment or a deposit is requested from the supplier then on receipt of an invoice from Iliana Interiors, the Client will pay Iliana Interiors for that amount to enable the placement of orders. 

6) VARIATIONS

i. Site variations in dimensions (from drawings or specifications) exceeding +30mm may require another Quotation and Variation Order. Where a discrepancy exists between figured and scaled dimensions the figured dimensions shall prevail.

ii. Variations will be quoted and will not commence until approval in writing is received from the Client.

iii. Any variations in the quantity of 10% or more may constitute an altered price agreement. Any changes in quantities other than those quoted may require another Quotation.

iv. An administrative surcharge of 10% will be applicable on variations that require repricing.v. Any requests for alterations made by the Client after the product meeting will incur an additional cost at the rate specified in the Quotation.

7) PAYMENTS FOR GOODS AND/OR MATERIALS STORED OFF-SITE 

If the installation and/or delivery of any part of the Agreed Works at the Site is delayed for any reason beyond the reasonable control of the Iliana Interiors (Delayed Goods); andii. Iliana Interiors has manufactured and/or obtained the Delayed Goods to the stage at which it can be installed on Site, then the Client must pay to Iliana Interiors the Quoted value of the Delayed Goods upon receipt from Iliana Interiors of an Invoice for the Delayed Goods. 

8) DELAYS

i) The delivery lead times quoted are estimates only and subject to the availability of goods and/or materials, designs being approved and dimensions being available in sufficient time to manufacture before site commencement dates. Iliana Interiors is not liable for any delay or non-performance arising from any cause beyond its immediate control to prevent including acts of God, strikes, lockouts or other industrial disturbances, fire, explosion, extreme weather, malicious damage, terrorism, tempest and laws rules, and regulations or other of any government authority.

ii. Payment for goods and/or materials manufactured and/or obtained, but not delivered to site due to delays by Head Contractor and/or Client, shall be due and payable as per Iliana Interiors’ Payment Terms in clause 4.iii. Iliana Interiors shall be entitled extension of time to cover delays in the works program caused by circumstances beyond our control.

 9) TITLE AND RISK

All goods and/or materials delivered and/or installed shall remain the property of Iliana Interiors until payment has been made in full but shall remain at the risk of the Client upon delivery and/or installation. In the event of insolvency of the Client, Iliana Interiors shall retain a legal interest in goods installed until paid for. 

10) LIABILITY

Without prejudice to Clause 11, Iliana Interiors shall be under no liability whatsoever to the Client for any loss, damage, delay, or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of Iliana Interiors or any of its employees or agents or subcontractors;ii. Where the Competition and Consumer Act 2010 implied warranties do not apply and if the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or wilful default of Iliana Interiors aforesaid, then, save where loss, damage, delay or expense has resulted from Iliana Interiors’ act or omission committed with the intent to cause same or recklessly and with the knowledge that such loss, damage, delay or expense would probably result, Iliana Interiors’ liability for each incident or series of incidents giving rise to a claim or claims shall never exceed Iliana Interiors’ fee.iii. Notwithstanding anything set out in this Agreement these Terms and Conditions are subject to the Competition and Consumers Act 2010 as amended if and to the extent that this Act implies a warranty into this Agreement and prevents the exclusion, restriction, or modification of any such warranty. The liability of Iliana Interiors, if any, for breach of any warranty so implied (other than where the Services are of a kind ordinarily acquired for personal, domestic, or household consumption) shall be limited at the option of Iliana Interiors to the supply of the Services again or the payment of having the Services supplied again.iv. Iliana Interiors shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.v. Iliana Interiors will not be liable for any liquidated damages. 

11) INDEMNITY

Except to the extent and solely for the amount therein set out that Iliana Interiors would be liable under Clause 10, the Client hereby undertakes to keep Iliana Interiors and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against and in respect of all costs, loss, damages, and expenses (including legal costs and expenses on a full indemnity basis) which Iliana Interiors may suffer or incur (either directly or indirectly) in the course of the services under these Conditions. 

12) DAMAGES FOR DELAY 

No amount shall be payable by Iliana Interiors to the Client by way of damages for any delay to the Project as a consequence of default or omission by Iliana Interiors. 

13) PERMITS AND FEES

Unless specifically stated otherwise, the cost of obtaining any permit or fees payable to any authority shall be borne by the Client. 

14) SIGN OFF AND PRACTICAL COMPLETION

Upon completion of the installation of any item of the works itemised in the quotation, Iliana Interiors shall notify the Client and the Client will immediately inspect the item. The Client shall sign off on the item following the rectification of the defects identified at that inspection. Thereafter any damage to the item will not be deemed to be a defect.

15) DEFECTS

All claims made against Iliana Interiors for faulty workmanship are to be lodged within seven (7) days.

16) INTENTION TO CHARGE

The client must give Iliana Interiors written notice of an intention to charge (or of an intention to make a deduction from monies owed to Iliana Interiors) for any damages or additional cleaning on site. Any amounts being so claimed must be substantiated in writing.

17) GOVERNING LAW

These conditions are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts there.