GULL DESIGN
TERMS & CONDITIONS

These Terms & Conditions are subject to regular change and will be available online at the time of change.
Please feel free to contact us if you have any questions regarding these terms and conditions.

About your Quotation “Quote”

Your quote:

• Is valid for 30 days unless an extension is given in writing. If an extension is given, adjustments may be made at our discretion to allow for increased material, labour, and other costs.

• Is an estimate only, based on the plans and specifications current at the time of quoting.

• Is subject to final on-site measurements, plans and specifications.

• Is based only on the information detailed in the quote, the quote supersedes all other discussions, recommendations, directions or advice given by or to our team either in person or in writing. If you believe something is or should be included in this quote and it is not specifically detailed in this quote, then you must advise us of this in writing so that a new quote can be prepared.

• Does not include plumbing, tiling, electrical, plastering, painting, installation of canopy rangehoods, splashbacks, sinks, underslung sinks, tapware, appliances, mirrors, or removal of existing joinery unless otherwise specifically stated in your quote.

• Will only become confirmed once you have actioned the following items within the quote validity date:

  • Signed and returned a copy of your quotation

  • Signed and returned your Gull Design Contract

  • Paid your initial Gull Design Deposit Invoice in full

  • Signed your QBCC Contract (if your Project total quote exceeds $3,300)

  • Paid your QBCC Insurance premium (if your Project total quote exceeds $3,300)

Quotations supplied as Tenders with a potentially long lead time are provided as a guideline only. Due to potential variations in hardware, benchtop and material costs, currency fluctuations and stock unavailability, we reserve the right to revisit and amend these quotations before they can be accepted.

About your Contract

Your contract:

• Will be provided after you have accepted your quote by signing and returning it to us.

• Will detail your payment schedule and expected Progress Payments based on your quote total.

• Should be viewed in conjunction with your Quote and Final Plans.
  

About your Plans

Your Plans:

• Are final once they have been signed by you.

• Will require a variation and possible additional costs if any changes are requested once final.

• Should be viewed in conjunction with your Quote & Contract.
  

Materials & Hardware

Gull Design use only high-quality materials in its Joinery, if you are comparing quotes with other suppliers, check their minimum material quality meets our minimum standards.

Unless otherwise specified:

• Quoted materials include:

  • Blum soft-close clip-on hinges or equivalent

  • Grass soft-close Nova Pro Deluxe drawer systems or equivalent

  • Internal whiteboard carcase with 1mm PVC edging

  • High Moisture Resistant (HMR) board

  • Water-resistant ply kickers

  • Solid backs to all cupboards

• Stone benchtops are quoted with pencil-round edgework

We reserve the right to utilise alternative materials and hardware, this would usually be due to supply issues, unusual price increases or changes in suppliers. However, we will always utilise materials and hardware of equivalent or higher quality.

Provisional Costs (PC)

Quoted items marked with “PC” are items given a provisional cost due to either not enough information being available at the time of quoting or where we are awaiting pricing for a product or service. This indicates that the value given is an estimated price only.

QBCC Contract & Insurance Premium

QBCC (Queensland Building and Construction Commission) Contract & Insurance Premium are a QBCC requirement for all Projects valued at or above $3,300 and are in place to protect you the consumer. For more information please visit www.qbcc.qld.gov.au/contractor-insurance-requirements/insurance-premium-fees.

Payment Schedule

Your payment schedule will be clearly detailed on your Gull Design Contract and/or your QBCC Contract. The provision of all work will be subject to the payments being made as per the payment schedule, delays may occur due to late payments, Gull Design will not be held responsible for these delays. Please find below Gull Design’s Standard Payment Schedule, however, please note that your specific payment schedule may differ slightly from the example below:

• Standard Payment Schedule Example (Projects under $100,000):

  • Initial Deposit 5%

  • Pre-Production Payment 45%

  • Pre-Delivery Payment 45%

  • Final Installation Payment 5%
    

• Standard Payment Schedule Example (Projects over $100,000):

  • Initial Deposit 5%

  • Pre-Production Payment (Part 1) 22.5%

  • Pre-Production Payment (Part 2) 22.5%

  • Pre-Delivery Payment (Part 1) 22.5%

  • Pre-Delivery Payment (Part 2) 22.5%

  • Final Installation Payment 5%

All materials and products remain the property of Gull Design until payment is received in full.

Accepted Payment Methods

- Credit Card: Visa, MasterCard & AMEX (1.5% surcharge)

- Debit Card: Visa & MasterCard (0.75% surcharge)

- EFTPOS (no surcharge)

- Direct Deposit (Please use the Invoice Number as payment reference)

- Cheque (must be made out to Gull Brothers Pty Ltd & allow up to two weeks to clear into our bank account).

Variations

Variations are any changes or additions you request to your overall project after you have accepted your original quote and/or signed your contract. Each Variation will be sent to you as a Variation Invoice. Delays and additional costs may occur wherever a Variation is requested. 

Below are some examples of when a Variation to your Project would apply:

• Where additional work is required due to any unforeseen circumstances.

• Where your requests increase the scope of work, or you change your mind on material, hardware, colours, or other options, or make decisions that result in additional material or labour costs.

• Where delays in your decisions result in additional costs being incurred by Gull Design.

• Where work undertaken by other trades results in delays or additional costs being incurred by Gull Design.

• Where a restocking fee is payable due to you changing your mind on a third party supplied product (for example stone benchtops, laminate, fittings, appliances, furniture etc.).

Production / Factory Lead Time

Our Production / Factory Lead Time is the time between you accepting your quote/paying your deposit and the start of your Production Slot in our Factory, this Lead Time can vary considerably as quote acceptances are received by you and/or other clients and can only be confirmed once your quote has been formally accepted and your deposit paid.

Joinery Project Timeline

Many factors contribute to the time it takes to produce your high-quality custom joinery, including material delays, 3rd party trade delays, weather, and Lead Time. You acknowledge that you have read and understood our Lead Time and the Joinery Project Timeline on our website and the time frames noted within that Timeline. Your Production Slot starts from the end of your Lead Time.

View the Joinery Project Timeline here: www.gulldesign.com.au/joinery-project-timeline.

Delivery & Installation

If your delivery and/or installation is being supplied at an hourly rate, this hourly rate starts from the time your items or our team members leave our Noosaville Factory, until the time they return to our Noosaville Factory. Our Hourly Rate is charged per team member/per hour. The Hourly Rate applicable to your project will be advised at the time of quoting and is subject to change.

On the arranged date and time of any delivery and/or installation, you must ensure:

• We have clear and unrestricted access to the required areas of site.

• Where required, either yourself or someone organised by you is on-site to accept delivery of goods, either delivered by us or third-party suppliers.

• If you have arranged for us to remove existing items for you, all these items must be empty of personal belongings (pots, pans, crockery & cutlery etc.) prior to our arrival.

• If you are removing any items yourself, please ensure this removal has been completed prior to our arrival, and that our team have clear access to the installation space. If you require assistance with the removal of any items, we are happy to help, please advise us of this in writing so that we can plan accordingly, standard hourly labour rates will apply.

• If cranes or other special equipment are required to unload, move or install your delivered items, these costs will be payable by you.

Any additional labour or other costs incurred by Gull Design due to the above points not being met will be passed on to you.

Tiling prior to Installation

It is imperative that NOT TILES ARE LAID in any areas where cabinetry is to be installed, prior to the cabinets being installed. Our final measurements are taken from the floor and if tiles are laid prior to cabinetry being installed, this will lead to an additional site measure being conducted, and cabinets having to be taken back to our factory to be cut down to fit you space. In these cases, additional hourly rates will be applied to your project as a Variation, to cover any additional labour costs as these costs were not factored into your initial quote.

Other Trades (Plumber, Electrician, Builder, Tiler, Plasterer, Painter, etc.)

• While Gull Design can and will recommend preferred trades for various aspects of your project, we are not licenced to engage trades or pay trades on your behalf. We may however act under your instruction to communicate your requirements to and correspond with your chosen trades.

• All work carried out by other trades is carried out under their individual licences and insurance policies and the warranty of this work is directly with the individual trade.

• All work carried out by other trades will be invoiced to you directly and you are responsible for meeting their individual payment terms.

• If you are arranging any trades yourself, please ensure these trades are organised to be on-site or have their work completed as required prior to installation. If you are unsure what trades are required, please contact us ASAP. All work by other trades must be completed as per your signed plans. If additional costs are incurred by Gull Design due to other trades not following our plans, or if our team are delayed due to other trades not being pre-arranged, these costs will be applied to your Project as a Variation.

• If damage is caused by other trades, either to our property or yours, this will be the responsibility of the other trade and you may be required to seek compensation from the other trade to cover these costs. For items supplied or belonging to Gull Design, payment to Gull Design for the damaged item may still be required while compensation is sort from the responsible party.
  

Defects & Claims against Gull Design work

All claims for damages, defective materials, goods, or services must be emailed to info @ gulldeisgn . com . au. Claims must include a full description of the issue, photos to support your claim, and your preferred resolution, and must be received within 14 days of installation.

• Outdoor Cabinetry
  We use water-resistant materials in all our outdoor cabinetry, however, where cabinetry has no cover or where it is reasonably expected that certain weather conditions would cause water to be directed onto or into the cabinets, these cabinets will not be warranted.

• Stone Washplanes
  While washplanes in stone benchtops are popular, stone is a porous product containing natural materials and can be prone to leaking over time. For this reason, we do not warrant the use of stone washplanes in our projects.
  

Warranty Claims

All claims for warranty are as per the manufacturer’s warranty only, no warranty is provided for these items by Gull Design. Please contact the manufacturers directly for all warranty claims.

What Gull Design is not responsible for

• While extreme care will always be taken by our team, we will not be responsible for any damage to existing infrastructure (such as splashbacks, walls, flooring etc.) during cabinetry removal or installation.

• We will not be responsible for any additional costs arising from problems with the site that were not made clear, revealed to us, or evident during the quoting stage. If necessary, we may carry out any works, including arranging other trades, to fix such problems if considered necessary for a satisfactory installation of the Joinery. You will be responsible for these costs.
  

Delivery of Appliances & other items to Gull Design

• We may request for some of your appliances and other items to be delivered to Gull Design instead of directly to site, this is to allow us to ensure everything fits correctly prior to completing and delivering your cabinetry. This request will be made by your Project Manager when required.

• While we suggest you order your appliances as early as possible due to delays and shortages, please do not arrange delivery until you have been advised which appliances we require to be delivered to our factory.

• If requested appliances are not delivered to our factory, any additional costs incurred by us to fit these onsite will be charged as a variation.

• Unfortunately, we do not have the floor space or manpower to accept, store, and re-deliver your other appliances, therefore all other appliances should be delivered directly to site or directly to you. If any additional appliances are inadvertently delivered to us, our standard hourly labour rate will apply for any time accepting, handling within our factory, and re-delivering these items to site.

• Changes to appliances choices after your Construction Plans have been approved and signed will result in parts of your plans having to be re-drawn. This time will be charged at our standard hourly rate.

FLATPACK ORDERS

Unless otherwise stated:

• Flatpack quotes are for supply only.

• Delivery is not included unless it has been quoted and specifically listed individually on your quote and/or invoice.

• Flatpack Quotes do not include benchtops, cut-outs for sinks, accessories, cooktops, handles, glass, 2 pack finishes, hinges, hardware, roller doors or pull-outs.

• Kickboards and bulkheads are not assembled.

• Quotes, concept plans and final products are based on the design, requests and specifications supplied by the client, Gull Design will not be held liable for incorrect measurements or specifications being supplied by the client.

• If alterations, changes or cutdowns are required to your final product, these will be at additional cost and payable prior to work being undertaken and/or any altered product being released to you.

Flatpack Payment Schedule (Standard)

• Payment in Full & written acceptance of your quote is required to initiate your order.

Flatpack Pick-up / Delivery

• All orders must be checked by you during pick-up and/or delivery and any missing parts must be reported within 3 business days. Items reported as missing after this time may be replaced at your cost. Additional delivery fees may also apply.

INTERIOR DESIGN

• Change of Mind on Products, Fixtures & Fittings “Products”
  We are happy to accept product returns due to a change of mind, in line with the standard terms and conditions of the supplier who supplied the product to us. These terms will vary greatly from supplier to supplier, therefore if you believe it is likely or possible that you may change your mind on a product you are requesting from us, please ask us to check the supplier’s terms BEFORE you confirm your order with us or pay your invoice. If the supplier does not offer change of mind returns, we will be unable to offer change of mind returns to you. Note that many suppliers will not accept returns on sale items.

  • Restocking Fees
    A Restocking Fee will apply for all change of mind returns; this Restocking Fee will be based on Restocking Fees charged to us by the supplier who supplied the product to us. As a guide only, these fees will usually vary between 20% and 50% of the total RRP of the product being returned, plus any return freight costs.

  • Original Conditions & Packaging
    All items to be returned must be in their original condition and have all original packaging, labels, and paperwork intact before a return can be initiated or considered.

  • Timeframe for Returns
    The timeframe within which a Change of Mind Return will be considered will be in line with the terms of the supplier who supplied the product to us, however, we suggest that all change of mind requests should be made within 24 hours of receiving the product, and no more than 7 days after receiving the product. This is to maximise your opportunity to have the return accepted by our supplier.

  • How to make a change of mind return request

    All change of mind requests must be made via email to info@gulldesign.com.au and include the following information:

    • A copy of the original invoice of the product being returned, clearly highlighting the product being returned.

    • A description of why you have changed your mind about the product.

    • Details of the current location of the product and how it can be accessed, i.e. who should be contacted if the product needs to be collected.

    • Photos of the product showing that it is:

      - In its original condition

      - Has all its original packaging, labels, and paperwork intact.

      - If any packaging was damaged during transportation, please specifically photograph this, and note this detail in your email.

  • Please note that in some cases we will require your assistance in returning products, this assistance may include arranging transport of the product from you directly to the supplier.
    

• Damaged or Defective Goods
  All claims for Damaged or Defective Goods must be sent by email to info@gulldesign.com.au within 24hrs of you receiving the delivery, and include the following information:

  • A copy of the original invoice of the damaged product, clearly highlighting the product which was received damaged.

  • A detailed description of the damage and how you found it.

  • Details of the current location of the product and how it can be accessed, i.e. who should be contacted if the product needs to be collected.

  • Photos of the product showing the condition you found it in and specifically showing any damage to both the product and/or the packaging.
    

Stone Products

• Natural Stone products come with their own unique characteristics and qualities, this is what gives them their uniqueness and adds to their beauty and appeal.

• Individual slabs inherently lack uniformity and will vary from slab to slab in colour, pattern, texture, density, hardness, and veining. All slabs will have some naturally occurring imperfections which may include colour and shade variations, dull spots, cracks, fissures, voids, pits, irregular markings, lines etc. These imperfections do not compromise the integrity of the stone.

• To enhance the appearance of the stone it is standard practice for our suppliers to apply a high-quality resin to fill some of these imperfections. Whilst the resins are UV resistant, they will fade over time, particularly if exposed to sunlight on a regular basis. As a result of normal wear and use, these fillers may occasionally pop out and require re-filling as part of normal maintenance. Costs for this potential maintenance is not covered by us and can be quoted by various stone repair suppliers. We are always happy to help you find a supplier if and when required.

• Slab thickness may vary slightly from slab to slab.

• If you choose an ornate edgework (e.g. lambs tongue or Ogee edge) depending on the stone chosen, the stone may not be completely smooth on the polished edges, as each stone has soft and hard minerals that have welded/bonded together at the time of the stones formation.

• All stone products are susceptible to some degree, to scratching, chipping, oxidation, etching, staining, and fading over time, particularly if exposed to sunlight, acidic or alkaline products and excessive heat (e.g. from cookware).

• All stone products are naturally porous to some degree.

Solid Surface Products

Solid Surface products (such as Corian) are susceptible to scratching, especially darker colours, however the benefit of these products is that they are renewable and repairable, meaning they can be repaired if damaged by you, they can also be sanded and refinished to give them a fresh look after years of general wear and tear, however, please note:

• After repair, some pattern and grain finishes may not have the exact continuous effect they had originally.

• Any future repairs, sanding or refinishing will be individually quoted and payable by you.

• In some cases, you may be supplied with an additional sample piece of your chosen material, you must hold onto this piece as it may be required to batch and/or colour match your surface in the event a repair is required.

Pitt Cooktops

PITT cooking is a popular, stylish and exciting cooking system whereby gas burners are installed within the countertop.

Winning Appliances website states “Pitt recommend for their cooktops to be installed in compact board, solid surface, quartz composite, concrete, glass, natural stone, stainless steel or ceramic benchtops.

While we love this product and have installed hundreds of PITT Appliances in projects over recent years, due to this style of product being relatively new to the market, Gull Design, Stone Suppliers and Stonemasons utilised by Gull Design, do not warrant the countertop material when a Pitt product is installed in a Stone or Solid Surface countertop.

We strongly recommend that you read and follow the PITT cooking guidelines for use which include but are not limited to the following:

• “Never place a grill or griddle over two burners.”

• “Do not use pans with a larger base diameter than the pan support. We recommend for the 2 and 3KW burners a pan with a maximum base diameter of 230 mm and for the 5KW burner a maximum base of 270 mm”

More information is available here: www.pittcooking.com/au/downloads/

Photos of your Project

You understand and agree that Gull Design and companies and individuals chosen by Gull Design may utilise images of your project in the context of but not limited to advertising, marketing, promotion, display, competition, social media, online etc.. You also understand that this usage may include “before” images of your property, either supplied by you or taken by us.

Subject to change

These Terms & Conditions are subject to regular change and will be available online at the time of change.

Please feel free to contact us if you have any questions regarding these terms and conditions.