Jim’s Flooring – Terms & Conditions of Trade
1. Definitions
In this Agreement:
“Franchisor” means Jim’s Group Pty Ltd.
“Franchisee” means the independently owned and operated Jim’s Flooring business issuing the Quote and performing the Works.
“Customer” means the person or entity purchasing Goods and/or Services.
“Goods” means flooring products supplied by the Franchisee.
“Services” means installation, removal, preparation, delivery, and any other work performed by the Franchisee.
“Quote” means the written estimate provided to the Customer.
“Works” means the Goods and/or Services described in the Quote.
“ACL” means the Australian Consumer Law.
2. Contract Formation
2.1 A binding contract is formed when the Customer:
(a) accepts the Quote in writing;
(b) pays a deposit; or
(c) instructs the Franchisee to proceed.
2.2 The contract is strictly between the Customer and the Franchisee. The Franchisor is not a party and accepts no liability for the Franchisee’s acts or omissions.
3. Franchise Structure
3.1 Each Franchisee operates independently and is solely responsible for workmanship, invoicing, warranties, insurance, and legal compliance.
3.2 The Franchisor provides branding and systems but does not control day‑to‑day operations.
4. Quotes and Pricing
4.1 Quotes are valid for 30 days unless stated otherwise.
4.2 Quotes are based on visible site conditions. Additional charges may apply for hidden defects, subfloor issues, restricted access, or Customer‑requested variations.
4.3 Unless itemised, Quotes exclude furniture removal, subfloor levelling, floor preparation, door trimming, disposal of existing flooring, and after‑hours work.
4.4 The Franchisee may revise the Quote if required to meet Australian Standards or manufacturer guidelines.
5. Orders, Deposits, and Scheduling
5.1 A 50% deposit is required to secure materials and installation dates.
5.2 Special‑order Goods require full payment for materials and are non‑refundable.
5.3 Installation dates are estimates only and may change due to supplier delays, illness, weather, or other factors beyond the Franchisee’s control.
5.4 The Franchisee will use reasonable efforts to notify the Customer of changes.
6. Payment Terms
6.1 Final payment is due on completion of the Works, unless otherwise agreed in writing.
6.2 Interest may be charged on overdue amounts at a reasonable industry rate.
6.3 Title to Goods passes only upon full payment.
6.4 The Franchisee may suspend or refuse further work for non‑payment.
7. Customer Obligations
7.1 The Customer must ensure the site is safe, accessible, and free of furniture and personal items.
7.2 Pets and children must be kept away from the work area.
7.3 The Customer is responsible for ensuring the subfloor is structurally sound.
7.4 Failure to provide access on the scheduled date may incur a call‑out or rescheduling fee.
7.5 If the Customer has requested or authorised the Franchisee to move furniture or personal items, all reasonable care will be taken. However, the Franchisee accepts no responsibility for damage to furniture, contents, or household items arising from such movement.
7.6 The site must be clear of other trades and obstructions for the Franchisee to commence the Works. Delays caused by other trades may result in rescheduling fees or additional charges.
8. Installation Conditions
8.1 Installation may produce noise, dust, and minor disruption.
8.2 Doors may require trimming after installation; this is not included unless itemised.
8.3 The Franchisee is not responsible for minor damage to paintwork, skirting boards, or architraves where reasonable care is taken.
8.4 The Franchisee may refuse to install Goods if site conditions are unsafe or non‑compliant.
9. Product Supply and Variations
9.1 Goods may vary in colour, texture, or shade due to natural or manufacturing characteristics.
9.2 Samples are indicative only.
9.3 The Franchisee is not liable for manufacturer defects but will assist with warranty processes.
10. Cancellations
10.1 Orders cancelled before materials are ordered may incur administrative fees.
10.2 Orders cancelled after materials are ordered may result in forfeiture of the deposit.
10.3 Cancellations within 48 hours of installation may incur a callout or rescheduling fee.
11. Warranties
11.1 The Franchisee warrants Services will be performed with due care and skill.
11.2 Workmanship warranties are provided by the Franchisee (typically 12 months unless stated otherwise).
11.3 Product warranties are provided by manufacturers.
11.4 Warranties do not cover misuse, improper cleaning, moisture damage, excessive wear, or failure to follow care instructions.
12. Limitation of Liability
12.1 To the extent permitted by law, the Franchisee’s liability is limited to:
(a) re‑supply of Services;
(b) replacement or repair of Goods; or
(c) refund of the defective portion of the Works.
12.2 The Franchisee and Franchisor are not liable for consequential loss, delays caused by third parties, or losses arising from inaccurate information provided by the Customer.
13. Australian Consumer Law
13.1 Nothing in this Agreement excludes rights under the ACL.
13.2 Customers are entitled to remedies for major failures, including repair, replacement, or refund.
14. Dispute Resolution
14.1 The Customer must first raise concerns with the Franchisee.
14.2 If unresolved, the matter may be referred to the Franchisor for informal mediation.
14.3 Either party may seek external dispute resolution or legal remedies at any time.
15. Privacy
15.1 The Franchisee collects personal information for quoting, supply, installation, and warranty purposes.
15.2 Information may be shared with suppliers for warranty or delivery purposes.
15.3 Personal information will be handled in accordance with applicable privacy laws.
16. Governing Law
16.1 This Agreement is governed by the laws of the state or territory where the Works are performed.
16.2 The parties submit to the jurisdiction of the courts of that state or territory.
17. SupplyOnly Conditions (Where Installation Is Not Included)
17.1 Application
These conditions apply where the Franchisee supplies Goods only. They override other terms to the extent of any inconsistency.
17.2 Customer Responsibility
The Customer is solely responsible for arranging installation. The Franchisee does not supervise, warrant, or accept liability for third‑party installation.
17.3 Inspection of Goods
The Customer must inspect Goods upon delivery or collection and notify the Franchisee of defects or shortages within 48 hours. Failure to do so constitutes acceptance.
17.4 Delivery
Delivery dates are estimates only. The Franchisee is not liable for delays. Redelivery or storage fees may apply if the Customer is unavailable.
17.5 Risk and Title
Risk passes to the Customer upon delivery or collection. Title passes only once full payment is received.
17.6 Product Suitability
The Customer is responsible for ensuring the Goods are suitable for the intended purpose and installation method. Any advice provided is general only.
17.7 Manufacturer Warranties
Goods may carry manufacturer warranties. These do not cover improper installation, moisture issues, misuse, or subfloor problems.
17.8 Returns and Cancellations
Special‑order Goods are non‑refundable. Standard items may be returned only with prior written approval, in original condition, and may incur restocking fees.
17.9 Limitation of Liability
To the extent permitted by law, the Franchisee’s liability is limited to replacement of the Goods or a refund of the purchase price. The Franchisee is not liable for installation defects or consequential loss.
17.10 Customer Measurements & Quantity Responsibility
The Customer is solely responsible for providing accurate measurements when placing a supply‑only order. The Franchisee is not liable for shortages, over‑supply, or additional material requirements resulting from incorrect measurements supplied by the Customer.