Terms & Conditions

Effective date: 17 May 2026

1. Definitions

In these terms and conditions:

  • "Company" means Kwila (WA) Pty Ltd, ABN 92 697 338 186, ACN 697 338 186.
  • "You" means the customer, client, or user of the Company's services or website.
  • "Services" means the timber supply, construction, project management, and related services provided by the Company.
  • "Website" means kwilawapty.site and all pages hosted thereon.
  • "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Application of Terms

These Terms and Conditions apply to all contracts, quotations, and engagements between you and the Company for the supply of Services, and to your use of the Website. By engaging the Company's Services or using the Website, you agree to be bound by these terms.

3. Australian Consumer Law

3.1 Consumer Guarantees

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights you may have under the ACL or any other applicable law that cannot be excluded or modified by agreement.

Under the ACL, you are entitled to the following guarantees where the Company supplies Services:

  • Services will be rendered with due care and skill (ACL s 60)
  • Services will be reasonably fit for any purpose made known to the Company (ACL s 61)
  • Services will be supplied within a reasonable time (ACL s 62)

3.2 Limitation of Liability

Where the ACL applies and the Company is found to be in breach of a consumer guarantee, and it is fair and reasonable to do so, the Company's liability for a failure to comply with a consumer guarantee in relation to Services is limited, at the Company's option, to:

  • The supply of the Services again; or
  • The payment of the cost of having the Services supplied again (ACL s 64A).

To the maximum extent permitted by law, the Company's aggregate liability for any loss or damage arising out of or in connection with these terms or the supply of Services shall not exceed the total amount paid by you to the Company for the specific Services giving rise to the claim.

4. Quotations and Orders

  • All quotations provided by the Company are valid for 30 days unless otherwise stated.
  • A contract is formed only when the Company issues a written acceptance of your order or commences work on your instruction.
  • The Company reserves the right to decline any order or quotation request.

5. Payment Terms

  • Payment terms are as specified in the Company's invoice or quotation, or as otherwise agreed in writing.
  • In the absence of specific terms, payment is due within 14 days of the invoice date.
  • The Company may charge interest on overdue amounts at the rate of 2% per month.

6. Intellectual Property

6.1 Ownership

All intellectual property rights (including but not limited to copyright, trade marks, designs, and patents) in the Website, its content, the Company's branding, and any materials developed by the Company in the course of providing Services remain the sole property of the Company.

6.2 Licence

The Company grants you a non-exclusive, non-transferable, revocable licence to access and use the Website for your personal or business purposes, subject to these terms.

6.3 Infringement

You must not copy, reproduce, modify, distribute, or create derivative works from any content on the Website without the Company's prior written consent. Unauthorised use may constitute a breach of the Copyright Act 1968 (Cth).

7. Confidentiality

Each party agrees to keep confidential all confidential information received from the other party in connection with the Services, and to use such information only for the purpose of fulfilling its obligations under these terms.

8. Indemnity

You indemnify the Company against all losses, damages, costs, and expenses (including legal costs on a solicitor-client basis) arising out of or in connection with your breach of these terms, your use of the Website, or your engagement of the Company's Services, except to the extent that such losses arise from the Company's negligence or breach of these terms.

9. Termination

9.1 By the Company

The Company may terminate a contract for Services immediately by written notice if you:

  • Breach any material term of these terms and fail to remedy the breach within 14 days of receiving notice;
  • Become insolvent, enter into bankruptcy, or have a receiver or administrator appointed;
  • Fail to make payment when due.

9.2 By You

You may terminate a contract for Services by providing 14 days' written notice, subject to payment for all Services rendered up to the date of termination and any reasonable costs incurred by the Company as a result of early termination.

9.3 Effect of Termination

Upon termination, all amounts owing by you become immediately due and payable. Termination does not affect any rights or obligations that have accrued prior to termination, including rights under the ACL.

10. Website Use

  • You must use the Website only for lawful purposes and in accordance with these terms.
  • You must not use the Website in any way that could damage, disable, or impair the Website or interfere with any other party's use.
  • The Company reserves the right to restrict or terminate your access to the Website at any time without notice.

11. Disclaimer

To the maximum extent permitted by law, the Website is provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, or availability of the Website or its content, except as required by law or the ACL.

12. Dispute Resolution

If a dispute arises out of or in connection with these terms, the parties agree to:

  1. Negotiate in good faith to resolve the dispute within 30 days;
  2. If unresolved, refer the matter to mediation before any court proceedings are commenced;
  3. Each party bears its own costs of negotiation and mediation unless otherwise agreed.

13. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

14. Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

15. Variations

The Company may vary these Terms and Conditions from time to time by publishing updated terms on the Website. Continued use of the Website or Services after such changes constitutes acceptance of the revised terms.

16. Contact

For questions about these Terms and Conditions, please contact:

  • Kwila (WA) Pty Ltd
  • ABN 92 697 338 186
  • Email: ceo@kwilawapty.site