Terms and Conditions

Flawless Woodworks, LLC | TERMS & CONDITIONS  PAYMENT SCHEDULE (refer to 5.0 Deposit and Final Payment)  50% deposit to confirm/schedule a project start date or initiate a custom order, remaining 50% due upon project completion. Any adjustments to these payment terms must be agreed on prior to order acceptance.  DELIVERY + PICKUP (refer to 8.0 Supply of Project/Item) Unless specified all Flawless Woodworks, LLC Invoices exclude delivery. Flawless Woodworks, LLC can arrange or schedule delivery for an additional cost depending on item size, weight, and delivery distance. Alternatively, you can arrange pickup of your item from the Flawless Woodworks, LLC premises at no additional charge. Please note by picking up from us you are taking full responsibility for the product and must have appropriate ropes, tarps, blankets, and vehicle/s. It is not our responsibility to provide these.  LEAD TIME  Flawless Woodworks, LLC custom orders generally have a lead time of 4-12 weeks from the date of receiving the deposit, unless otherwise specified. Whilst this might seem like a long time please remember that you are getting a one-of-a-kind, handmade product. Upon order confirmation Flawless Woodworks, LLC will be able to give you an estimated completion date.  //  FLAWLESS WOODWORKS, LLC LTD. TERMS & CONDITIONS OF SALE The below Terms and Conditions of sale refers to Flawless Woodworks, LLC and the individual, company or corporation or agency who wishes to purchase a custom product from Flawless Woodworks, LLC as named in the Purchase Invoice (‘Buyer’).  1.0 Consultation  Flawless Woodworks, LLC will consult with the Buyer to obtain details about the project/item to be designed and produced by Flawless Woodworks, LLC to the Buyer’s specifications.  Once Flawless Woodworks, LLC has the necessary information from the Buyer (eg. image ideas, dimensions and any other information relevant to the Buyer’s request), the Buyer will be given a price estimate and Flawless Woodworks, LLC will consult with the Buyer to prepare any necessary drawings at an additional fee when applicable or in respect to the project upon receiving the 50% Deposit.  Unless otherwise specified, all products have a level of care that will need to be provided to maintain beauty and structural integrity.  The Buyer acknowledges and agrees that timber can vary in color, and the color of the Item you are purchasing may not match samples shown to the Buyer at the time of consultation.  Small cracks and fissures may develop with changes in humidity and temperature. This is a natural, uncontrollable characteristic of solid wood items.  The Buyer further acknowledges and agrees that it is their responsibility to maintain the Product (eg. cleaning and conditioning) to avoid discoloration and minimize wear and tear.  2.0 Purchase Invoice  Following on from the consultation, Flawless Woodworks, LLC will prepare a formal invoice, including price, details of the Project/Product, lead times together with other key terms (Purchase Invoice).  A Purchase Invoice or estimate is valid for a period of 30 days from the date of issue.  For the avoidance of doubt, Purchase Invoice includes any variations agreed and accepted by Flawless Woodworks, LLC in accordance with these terms and conditions.  3.0 Agreement  Any payment (Partial and/or Full)  towards the Purchase Invoice will be deemed as an acceptance of these terms and conditions and form a contract between Flawless Woodworks, LLC and the Buyer (‘Agreement’).  Flawless Woodworks, LLC rejects any other terms proposed by the Buyer not agreed to by Flawless Woodworks, LLC and expressly incorporated in these terms and conditions.  4.0 Variations  Additional Items provided to the Buyer or changes to the design, the subject of the Purchase Invoice, which is not outlined in the Purchase Invoice will be deemed a variation of the Agreement and is subject to the written consent of Flawless Woodworks, LLC, which may be withheld in its absolute discretion.  For the avoidance of doubt, Flawless Woodworks, LLC is not required to accommodate any requests for changes to the design of the Project/Item the subject of the Purchase Invoice once manufacture of the Project/Item has commenced. Should the Buyer decide not to proceed with the purchase of Project/Item for this reason, cancellation fees will apply as set out herein.  The Buyer acknowledges and agrees that any changes to the design of the Project/Item the subject of the Purchase Invoice requested by the Buyer may result in an increase to the price and/or lead time in respect of the Project/Item.  Where Flawless Woodworks, LLC agrees to any variations, a revised Purchase Invoice will be sent to the Buyer for the additional Project/Item and all variation prices must be agreed to by the Buyer prior to the Project/Item being delivered.  5.0 Deposit and Final Payment  A 50% non-refundable deposit is payable by the Buyer as acceptance of the Purchase Invoice and as an acceptance of these Terms and Conditions.  Full payment by either cash or credit card is required prior to delivery of the Project/Item.  The Buyer will pay the remaining 50% of the Purchase Invoice upon completion of the Project/Item, prior to delivery/pick-up. Flawless Woodworks, LLC will provide the Buyer with 5 days notice of delivery of the Project/Item, unless stated otherwise in Purchase Invoice.  6.0 Cancellation of Order  Flawless Woodworks, LLC does not refund or exchange if you change your mind. In the event that the Buyer does not wish to proceed with the purchase of the Project/Item prior to the commencement of manufacture, the Buyer will forfeit the non-refundable deposit.  If the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Project/Item, the Buyer agrees to pay a cancellation fee up to the 75% Purchase Invoice at Flawless Woodworks, LLC’s discretion. The Buyer acknowledges and agrees that this figure is a genuine pre-estimate of the loss likely to be suffered by Flawless Woodworks, LLC in the event the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Project/Item.  7.0 Warranties  Flawless Woodworks, LLC warrants that the Project/Item will be free from defects, in good working order and fit for the purpose for which that type of Project/Item is commonly supplied.  Flawless Woodworks, LLC takes no responsibility and does not give any warranty with respect to the suitability of the Project/Item for a Buyer’s individual purposes.  It is the Buyer’s responsibility to inspect the Project/Item upon delivery/pick-up to ensure that the Project/Item is free from defects and in good working order. Acceptance of delivery/pick-up of the Project/Item will be taken as confirmation that the Project/Item is in acceptable condition. Any issues or concerns with the Project/Item must be expressed prior to accepting the Project/Item.   For the avoidance of doubt, and given the nature of using natural/organic timber in Project/Item applications, variations to color and grades of timber used will only be considered defects if they fundamentally affect the structural integrity of the Project/Item.  Please ask any questions you may have in order to ensure proper care and longevity of your piece. As is typical with natural materials; small cracks and fissures may develop with changes in humidity and temperature. This is a natural, uncontrollable characteristic of solid wood Project/Item.  No piece may be returned without Seller’s written consent.  8.0 Supply of Project/Item  A Buyer may elect to collect the Project/Item or have the Project/Item delivered by Flawless Woodworks, LLC (or its authorized agents). Details of the supply of Project/Item (including any additional charges for delivery facilitated by Flawless Woodworks, LLC) are set out in the Purchase Invoice.  A delivery docket will be provided to the Buyer upon collection or delivery of the Project/Item by or to the Buyer. The Buyer must sign the delivery docket prior to any Project/Item being released by Flawless Woodworks, LLC into the custody of the Buyer (or its authorized nominee).  If the Buyer as named in the Purchase Invoice is not present at the time of the delivery, it is the Buyer’s responsibility to authorize a nominee to sign for the Project/Item.  Flawless Woodworks, LLC will endeavor to effect delivery of the Project/Item at the times indicated by the Buyer but will not be liable for any delay in delivery or for a failure to deliver under any circumstances. Flawless Woodworks, LLC reserves the right at any times to refuse any carrier of the Buyer.  Where the Buyer elects to collect the Project/Item from Flawless Woodworks, LLC’s premises, Flawless Woodworks, LLC will confirm the date and time for collection with the Buyer.  9.0 Title  Title and risk in the products, such as loss and damage, pass to the Buyer on delivery or collection of the Project/Item, as the case may be.  10.0 Indemnity and Limitation of Liability  Flawless Woodworks, LLC shall not be liable to refund a Buyer should they cancel the Purchase Invoice for reasons of variations in the color or grain of timber used in the Project/Item manufactured for a Buyer from those samples shown at the time of consultation with the Buyer.  All guarantees, terms, conditions, warranties, undertakings or representations express of implied in any way relating to this Agreement are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the FTC Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.  To the extent that Flawless Woodworks, LLC is able to determine the same our liability for breach is limited to (at our sole discretion) the repair or replacement of the Project/Item or a refund of the price paid by the Buyer for the Project/Item.  Save for any liability that Flawless Woodworks, LLC may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Purchase Invoice paid by the Buyer.  Subject to the provision of this Clause, Flawless Woodworks, LLC is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Buyer is liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.  The Buyer must indemnify Flawless Woodworks, LLC against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis) whether incurred against or by Flawless Woodworks, LLC in respect of:  personal injury; damage to tangible property; or  a claim by a third party, in respect of the use of the Project/Item.  To the extent that Flawless Woodworks, LLC’s loss is cause by its negligence, the Buyer’s liability is diminished.  11.0 Force Majeure  Flawless Woodworks, LLC will not be liable for the consequence of any circumstance reasonably beyond Flawless Woodworks, LLC’s control, which affects its obligations under this Agreement.  12.0 General  A provision or right created under this Agreement will not be waived by Flawless Woodworks, LLC or varied except in writing signed by an authorized representative of Flawless Woodworks, LLC.  A waiver by Flawless Woodworks, LLC of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.  If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason, then that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.  The Buyer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Flawless Woodworks, LLC.  The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.  Flawless Woodworks, LLC may complete any blanks on any Purchase Invoice on the Buyer’s behalf.  13.0 Intellectual Property  The Buyer acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Flawless Woodworks, LLC.  The Buyer must not knowingly allow any intellectual property belonging to Flawless Woodworks, LLC to be reverse engineered, or copied or breached in any other manner. Flawless Woodworks, LLC may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Flawless Woodworks, LLC’s intellectual  property rights.  14.0 Privacy Policy  Flawless Woodworks, LLC may collect personal information in dealings with the Purchaser. If so, Flawless Woodworks, LLC will abide by Flawless Woodworks, LLC’s privacy policy, a Purchasers information with only be collected for Flawless Woodworks, LLC’s internal records and will not be sold or given to Third Parties.