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Ignite
Hospitality

Terms & Conditions

  1. 1. Definitions

    In these conditions:

    1. “We” means Ignite Hospitality Project Management Services Pty Ltd ABN 58 624 284 420 (Trading as Ignite Hospitality), and “Us” and “Our” have corresponding meanings;
    2. “You” means the party entering into the agreement for Services with Us, and includes the party to whom Our quotation is addressed and the party by whom the acceptance is signed, and “Your” has a corresponding meaning;
    3. “Goods” means all furniture and other effects which are to be the subject of the Services;
    4. “Services” means the whole of the work to be undertaken by Us in connection with the Goods including and (if applicable) storage;
    5. “Subcontractor” means any person other than one of our employees who, under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services;
    6. Words in the singular include the plural, and words in one or more genders include all genders.

  2. 2. Obligations

    1. We will supply the products listed in the quotation and/or supply agreement (either as supply and placement/fixing or supply only) the products as detailed in the quotation and/or supply agreement for each product according to the following terms and conditions.

  3. 3. Deposit

    1. You must pay the initial deposit to Ignite Hospitality before we undertake commencement of the manufacture, procurement, supply and placement of the products process.

  4. 4. Payments

    1. You must pay the amounts detailed in the quotation, Addendum F (Client Payment Schedule) and/or supply agreement by the due date indicated. Failure to do so may affect the project timeline delivery dates; should this occur Ignite Hospitality is not liable for any associated program delays.
    2. You must pay Ignite Hospitality any other amount which is payable under the quotation and/or supply agreement by the due dates.
    3. Any variations to the onsite works, including (but not limited to) site conditions, building access, weather events, and supply quantities, will be communicated to the client by email along with the associated variation cost. Client agreement to this cost must be received in writing by Ignite prior to the commencement of works. Additionally, payment for any agreed variations must be made within 24 hours of notification to ensure the continuation of onsite works.

  5. 5. Access and Use of Facilities

    You must:

    1. give Ignite Hospitality unrestricted access to the site during normal business hours to perform dilapidation inspections, check measure, to deliver and place/fix the product and, if necessary, to rectify any agreed defects;
    2. provide Ignite Hospitality, while we are at the site, with adequate access to available water, electricity, toilet and washing facilities;
    3. provide access to a dedicated lift for uplift of all goods to all floors of the property;
    4. provide a weatherproof area for the unload and unpack of all goods prior to the uplift of the goods to the building’s individual floors and rooms. Should no weatherproof area be available, any delays caused by weather events will be liable to a variation cost;
    5. take necessary steps for the safekeeping, control and supervision of all domestic animals on the site. If we ask for access to deliver and install the products and you do not give us that access within 7 days, you may be liable to a variation cost.

  6. 6. Installation

    1. Ignite Hospitality is NOT responsible for: connection of hard wired electrical, ducting, connection of water/plumbing or any other service, or any other works over and above that of the placement of each item in its nominated position.

  7. 7. Our Warranty

    1. In addition to your rights under law, Ignite Hospitality warrant that our work, and the goods supplied by us, will be within industry accepted standards and tolerances and be free of defects at the time of completion of installation. However, subject to law and the warranties set out above, we do not have to repair or replace goods installed by Ignite Hospitality due to:
    2. any problem caused by misuse, abuse, wear and tear or normal shrinkage or movement; or
    3. damage caused by or to any fixtures and fittings made by others and which are outside Ignite Hospitality manufacturer’s guarantee or warranty period; or
    4. any defect in, or problem caused by work, materials or appliances supplied by you.

  8. 8. Our Right to Repair or Replace

    1. If at any time you claim the goods installed by Ignite Hospitality are defective, you must notify Ignite Hospitality in writing, within 14 days of completion of the installation or placement of the goods.
    2. If you fail to notify Ignite Hospitality that goods installed are defective within a reasonable time (determined by us) of becoming aware of an alleged defect, we are not responsible for any damage that results from your delay in notification.
    3. If Ignite Hospitality accepts responsibility for any defect, then we have the right to fix the defect and we will do so and notify you of the timeframe for replacement within 28 days from our acceptance of responsibility. In our reasonable opinion, if defects affect the safety of the goods or may lead to them being damaged, we will repair or replace the goods as soon as practicable. You must give us access to do this in accordance with clause 4.
    4. Colour and Texture Variation You acknowledge that the colour and grain of the goods may vary. Ignite Hospitality will use its best endeavours to match the colour or grain of the goods to any sample selected or provided by you, but we bear no liability if they are different.

  9. 9. Surplus Materials

    1. Ignite Hospitality will only supply suitable, new goods. Any materials Ignite Hospitality brings to the site which are surplus remain our property.

  10. 10. Commencement and Delays

    1. Ignite Hospitality will do everything possible to ensure that it supplies the goods and services, and reaches completion of installation, as soon as reasonably practicable assuming clause 5 has been satisfied.

  11. 11. Unforeseen Circumstances

    1. If Ignite Hospitality becomes aware of unforeseen circumstances (including but not limited to latent defects), we must notify you in writing and we may stop installation of the goods.
    2. Any additional goods or services which we must supply due to unforeseen circumstances must be paid for by you if you instruct us to proceed with the installation of the goods despite being notified of the unforeseen circumstances.

  12. 12. Work by You

    1. Ignite Hospitality is not responsible for installation of any appliances or connection of any services. You must have the installation site ready, and appliances and services connected by licenced tradesmen and available to us, at least 24 hours before the time we start installation of the goods.

  13. 13. Subcontracting

    1. Ignite Hospitality may sub-contract any of our obligations. You must not give instructions to our subcontractors or workers on the installation site.

  14. 14. Risk

    1. Once the goods are delivered to your nominated site by Ignite Hospitality, they are at your risk. Any materials and goods supplied by you or any work carried out by you, your contractors or your agents is at your risk.

  15. 15. Insurance

    1. Ignite Hospitality has public liability insurance of at least $5 million.
    2. You must have public liability insurance of at least $20 million.

  16. 16. Whole Agreement

    1. Subject to law, if no supply agreement is entered into between both parties, the quote and these terms and conditions comprise the entire agreement between you and Ignite Hospitality.

  17. 17. Default Interest

    1. Ignite Hospitality may charge you interest at the interest rate of 15% per annum, from the day on which an amount falls due to be paid to Ignite Hospitality, up to and including the day that amount is paid.

  18. 18. Debt Collection Costs

    1. You must reimburse Ignite Hospitality any debt collecting costs (including legal costs and any commissions) we pay to recover, or attempt to recover, any overdue payment.

  19. 19. Retention of Title

    1. Property in the product does not pass to you until it has been paid for in full, even if Ignite Hospitality has placed/fixed it. To the extent allowed by law, if you fail to make a due payment, you irrevocably consent to us entering the site and taking reasonable action to remove the goods installed by us without us being liable to you for damage to the site or the goods caused by such removal.
    2. Charge over Land You grant Ignite Hospitality a charge over the land on which the goods are installed as equitable mortgagee to secure the payment of all amounts to be paid by you under these terms and conditions.

  20. 20. Your Joint and Several Liability

    If there is more than one of you then:

    1. all your obligations are joint and several;
    2. Ignite Hospitality only have to give notices to one of you; and
    3. only one of you need accept a quote or sign a notice, and then all are bound.

  21. 21. Effect of Ending this Agreement Early

    1. If this agreement is terminated before Ignite Hospitality places/fixes the goods, then without prejudice to any right or remedy, you must pay Ignite Hospitality the actual cost of providing the goods and any placement/fixing services carried out to the day the contract is terminated.

  22. 22. Notices

    Unless otherwise stated in this agreement, a notice is deemed to be given and received if the notice is:

    1. delivered by hand to the other party;
    2. posted by ordinary pre-paid mail to the other party’s last known address, 2 working days following the day it was posted;
    3. sent by facsimile transmission to the party’s last known facsimile number, on receiving confirmation of transmission; or
    4. e-mailed to the party’s current email address.

  23. 23. Payments

    Full payment should be made for all deliveries on or prior to production of the products. Orders may require part or full payment prior to production at the decision of the sales representative. The terms of payment are strictly COD (or such other period as nominated by the supplier). Ignite Hospitality (Supplier) may, at any time, unilaterally vary the terms of trade in its absolute and unfettered discretion.

    1. Should the client not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier from time to time, the Supplier will be entitled to charge an administration fee of 10 percent of the amount of the invoice payable per year, or part thereof, from the date the goods or services were supplied (and not the day when the Supplier's invoice was payable) until payment by the Applicant.
    2. As outlined in the terms of credit, Applicants having overdue accounts will be precluded from participating in any special deals, discounts, bonus payments, redemptions, rebates and all other incentive programs until this account is no longer overdue.

  24. 24. Scheduled Delivery

    1. The Supplier's obligation to deliver shall be discharged on arrival of the goods at the Client's nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. Where placement/fixing, setup or removal has been included in the order, this service will be completed by the Supplier's team or nominated representative. If the Client is unable or unwilling to accept physical delivery of the goods when the goods are ready for delivery, the Supplier shall be entitled to charge a fee for any delay experienced or arrange for the storage of the goods at the risk and cost of the Client including all transportation, storage and other consequential costs. The Supplier may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these terms and conditions of sale.
    2. The scheduled delivery date shall be agreed at the time of placing the order and include allowances for sourcing of raw materials and relevant production lead-times. Production, warehousing and delivery commitments will be made based on this agreed date and as such, should this delivery date change, the Supplier may seek to recover these costs from the Client. These costs are estimated based on warehousing, handling and rescheduling transport arrangements. Depending on the notice period provided to the supplier these costs may include but not be limited to the following: Greater than 14 days' notice — no charge. Greater than 7 days' notice — $10 per piece per day. Less than 7 days' notice — $25 per piece per day.
    3. Any date or time quoted for delivery is an estimate only and the Supplier shall endeavour to effect delivery at the time or times required by the Client, but failure to do so shall not confer any right of cancellation or refusal of delivery on the Client or render the Supplier liable for any loss or damages directly or indirectly sustained by the Client as a result thereof.
    4. The Client shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of the Supplier or any other cause whatsoever.

  25. 25. Inspection

    1. The Client acknowledges and agrees that this agreement will be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
    2. The Client acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Client is formed at the address of the Supplier.

  26. 26. Retention of Title

    1. The Client agrees that property and title in the goods will not pass to the Client until payment has been made in full and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.
    2. Until payment in full has been made to the Supplier, the Client will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier and will not mix the goods with other similar goods.
    3. The Client will be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Client will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by the Client on trust for the Supplier absolutely.
    4. The Client's indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 17 hereof unless and until the funds held on trust are remitted to the Supplier.
    5. The Client agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with or without prior notice to the Client, to enter upon any premises occupied by the Client (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Client) to inspect the goods of the Supplier and to repossess the goods which may be in the Client's possession, custody or control when payment is overdue.
    6. The Client will be responsible for the Supplier's costs and expenses in exercising its rights under clause 19. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Client against the Supplier, its employees, servants or agents.
    7. The Client agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Client on those goods, and the Client hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Client.
    8. The Client will be responsible for the Supplier's costs and expenses in exercising its rights under clause 19. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Client against the Supplier, its employees, servants or agents.
    9. For the avoidance of doubt, the Supplier's interest constitutes a 'purchase money security interest' pursuant to the Personal Property Securities Act 2009.

  27. 27. Warranties and Returns

    1. Subject to payment in full being made as defined in clause 1, the Supplier shall provide the Client the benefit of any warranties or guarantees it receives in respect of goods or parts thereof supplied to the Client.
    2. The Supplier shall not be liable to accept any returned goods but may in its absolute discretion accept the return of goods, provided that such goods shall only be accepted for return with the prior written approval of a duly authorised representative of the Supplier. Goods returned for credit pursuant to this clause may be subject to a handling and administration charge equivalent to 20% of the invoiced value of the returned goods. Return freight and other expenses will be paid for by the Client and no returns of special goods will be accepted. Any returned goods must be accompanied with the relevant invoice numbers and/or a goods return authority.

  28. 28. Taxes and Duties

    1. The Client must pay GST on any taxable supply made by the Supplier to the Client under this agreement. The payment of GST is in addition to any other consideration payable by the Client for a taxable supply.
    2. If as a result of (a) any legislation becoming applicable to the subject matter of this agreement, or (b) any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
    3. the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Client, then the Client must pay the Supplier these additional amounts on demand.

  29. 29. Miscellaneous

    1. The Supplier is not liable for any loss caused to the Client by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier's control.
    2. In relation to the supply of goods, the Supplier's liability is limited to: replacing the goods or supplying similar goods; repairing the goods.
    3. In relation to the supply of services, the Supplier's liability is limited to: supplying the service again.
    4. The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Client.
    5. The parties agree that neither party will disclose to any third party the information referred to in clause 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of clause 275(6) of the PPSA.
    6. Any provisions of these terms and conditions that exclude any terms, conditions, guarantees or warranties, or limit the liability of a party, will apply only to the extent permitted by law.
    7. Where any terms, conditions, guarantees or warranties are implied by law into these terms and conditions which the law expressly provides may not be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent, these terms and conditions will be construed subject to such terms, conditions, guarantees and warranties and limitations.