TERMS & CONDITIONS

Cranberry Design Pty Ltd as Trustee for the S&W Davey Family Trust (ABN 19 475 170 713) ('Cranberry', 'Cranberry Design', 'Us', 'Our') owns and operates the business known as Cranberry Design.

The following contract applies to all goods and services ordered through or provided by Cranberry Design.

By paying a deposit in relation to our services, you (the client) are deemed to have read and agreed to be bound by the terms and conditions set out below.

A. Services

Cranberry Design provides the following services:

  1. Preparation of interior and exterior plans including floor plans, elevations, electrical plans, technical drawings for joinery and design/build project supervision.

  2. Selection of fabrics, furnishings, finishes, accessories, artwork and architectural treatments.

  3. Provision of subcontractors within scope of project where required.

  4. Periodic inspection of residence during any installation to ensure work is done in accordance with professional standards.

  5. Cranberry Design cannot assume responsibility for the supervision of pets or children while working on site.

 

B. Fee Schedule

With flat fee proposals, design fees are collected upfront. However, in the event, we are asked to perform tasks outside the agreed Scope of Work we bill for them separately, on an hourly fee basis. In order to more effectively meet our clients’ needs, we use a sliding scale of hourly design fees.

  1. The scale of fees for works outside the fixed fee proposal is $175 (ex GST) per hour for Wendy Davey; $150.00 (ex GST) per hour for Junior Designer and $95.00 (ex GST) for Administration.  Please note that our time is charged in 15-minute blocks and rounded up to the nearest quarter-hour. Fixed Fees are payable upfront as per the agreement (initial consultation prior). Step 3-5 is due on signing of the contract, and Step 6 is determined at the presentation meeting).

  2. Hourly fees are calculated and invoiced every month around 5th of the month with invoices payable upon receipt.

  3. Furniture, furnishings and services are sold to clients at retail (i.e. suggested retail or suggested market value) less 50% of any discount (i.e. suggested wholesale); where the discount is greater than 10%. In other words, the discount is shared between Cranberry Design and our clients where discounts are greater than 10%. If the discount is 10% or less, then Cranberry Design keeps it in its entirety, simply because the fees to produce the paperwork to process such a small sum erode any client savings.

 

C. Items Not Included in Hourly Fees

  1. Long-distance travel expenses; determined as required;

  2. Out of pocket expenses such as reproduction costs, blueprints, colour and b/w photocopying, or any form of reproduction;

  3. Transportation costs such as couriers and delivery;

  4. Duties, taxes and freight associated with the shipment of goods;

  5. Moving or cleaning interiors in preparation for work to take place on-site.   Please Note: Client grants Cranberry Design advance authorisation to arrange for movers and/or cleaners when work process may be interrupted;

  6. If the designer needs to make an emergency decision and the client is not available, they will do so with all the information available at the time.

 

D. Method of Payment

  1. Fabrics, antiques and custom furniture orders require 100% payment prior to purchase. All other furnishings and/or construction requires a 75% deposit with the remaining 25% due two weeks prior to delivery/installation/completion. 

  2. 100% payment is required upfront for all orders. Why? When you direct us to purchase an item of furniture on your behalf, we ask for a 100% payment to initiate the order. In turn, our trades and suppliers request a 50%-100% deposit to begin the work or place the order. From there, regardless of any extenuating circumstances, Cranberry Design owns the item that has been ordered. Full payment is our insurance that we have sufficient funds to pay for the work or items we’ve ordered

  3. Should you choose to return any item once it has been ordered, it is strictly at the supplier’s discretion and subject to their restocking and cancellation fee.

  4. Custom orders require time to produce and are not restockable/returnable.

  5. Invoices for hourly fees are produced monthly and issued to the client by email by the 5th day of each month. With our hourly invoices, the client receives notification of logged hours which outline the work performed. Design fees are due upon receipt of invoice. NB, we do not accept credit card payment.

  6. In the event there is a question about design fees, we ask clients to make enquiries within five business days of receipt of invoice, or by the 10th  of the month. Cranberry Design is available at any time to review design fees and satisfy a client’s enquiry.

  7. Should a second invoice for design fees be issued while the previous invoice is still outstanding, Cranberry Design will halt work until the client is satisfied and both invoices are paid in full.

  8. In the event this agreement is terminated before completion of the project, a final statement of account will be produced. All outstanding invoices must be paid in full prior to contract closure.

  9. If any amounts remain outstanding for more than 60 days, we may refer the matter to a solicitor, in which case you will become liable to pay any costs we incur or become liable to pay for the collection of such unpaid amounts on a full indemnity basis.

  10. In the event a discrepancy cannot be resolved, the parties agree to attend arbitration to facilitate a solution.

E. Deadlines, Back Orders and Deliveries

  1. Just reiterating that Christmas is not a deadline nor are parties – there are many factors out of our control. 

  2. We would like projects to be finished as quickly as possible and will do our best to ensure that this is the case.

  3. Backorders happen, and we endeavour to be accurate with our delivery dates but sometimes items can be out of stock between when we present them to our clients and finalise payment for the item hence they become back-ordered, but we will continue to keep you updated at all times.

  4. There will be times when an item is no longer available, and we will find an acceptable replacement or solution.

  5. If we supply goods, i.e. furniture the risk in the goods passes to you on delivery of the goods to you, while the title of the goods will be retained by us until we receive payment in full for the item at which time it will immediately pass to you.

 

E. Budget

  1. Budget to be determined following the presentation of estimates for renovating and furnishing. The budget does not include design fees. The budget does not include artwork or accessories, or any item traditionally part of the styling process.

  2. Notwithstanding budget agreements, the client acknowledges that a deposit indicates approval of the total amount shown on any invoice.

 

F. Communication, Hours and Liability

We live in a digital world, and we are conscious that email is often the most convenient way for our busy clients to liaise with us.  We ask that you please check and respond to emails from us in a timely manner to allow the project to progress smoothly.

  1. At Cranberry Design we prefer all communication to be via email, of course, if it is urgent then SMS, but we don’t use it as our main way of communication as it is difficult to track.

  2. We endeavour to answer emails within 48 hours.

  3. Our hours of work are 9.30 am to 5:00 pm Monday to Friday with weekend emails responded to on the next business day usually a Monday.

  4. While we undertake to provide our services with reasonable care and skill and to the best of our ability, please note that we do not offer any guarantees beyond those available to you at law (e.g. any customer guarantees you are entitled to under the Australian Consumer Law).

  5. We limit our liability to you to the fullest extent permissible under section 64A of the Australian Consumer Law; that is, to the supply of the services again or the cost of having the services supplied again.

  6. We specifically exclude liability for negligence and to the maximum extent permissible by law, we exclude liability for consequential loss or damage, including loss of business profits.

 

G. Project Term

  1. Project to commence upon receipt of contract and retainer.

  2. All designs and concepts remain the intellectual property of Cranberry Design until the project has been completed and paid for in full

  3. Project completion is determined based on the scope of the project and estimated lead times

 

We ask clients to authorise Cranberry Design to photograph and/or film their renovation or design project during the works and at project completion. The client’s address and identity are protected in strict confidence. We ask clients to authorise Cranberry Design to place a fence sign on the property throughout the project.

Please note our expertise embraces residential design-build and decorating projects, and holiday properties.

©2020 by Cranberry Design | Interior Designer Melbourne