1 INTRODUCTION

1.1 Thank you for choosing Grill King Outdoor BBQ Kitchens. Subject to the exceptions in clause 2 ,these Terms and Conditions of Sale (Terms) apply to all purchases of any Grill King Outdoor BBQ Kitchens product including a made to order Grill King Outdoor BBQ Kitchens product (Products).
1.2 In these terms we, our, us Grill King Outdoor BBQ Kitchens and similar expressions, refer to Grill King Outdoor BBQ Kitchens Pty Ltd (ACN 663 301 184).
1.3 You, your, and similar expressions, refer to you, Grill King Outdoor BBQ Kitchens’s customer or prospective customer.

2 TRADE SALES AND CLEARANCE PRODUCTS – DIFFERENT TERMS APPLY

2.1 If you are purchasing a Product which is a Clearance Product then:
     (a) these Terms do NOT apply to your purchase; and
     (b) these Terms are entirely excluded and are replaced by Grill King’s (Clearance Products) Terms and Conditions of Sale.
2.2 Clearance Product refers to any goods which are offered for sale or sold by Grill King Outdoor BBQ Kitchens where those goods are:
     (a) identified and promoted as being a “Clearance” item (or similar title); or
     (b) identified and promoted as being used (not new) or returned products; or
     (c) identified and promoted as being products which are, or may be, defective, damaged, flawed or otherwise of substandard quality; or
     (d) sold at discount to the normal retail list price due to being defective, damaged, flawed or otherwise of substandard quality; or
     (e) for sale in the course of a “Clearance Sale” (or a promotional sale with a similar title) conducted by Grill King Outdoor BBQ Kitchens.
2.3 Grill King Outdoor BBQ Kitchens operates a Trade & Commercial business division which caters to the needs of designers, architects, developers, specifiers and other approved trade customers (Trade Clients). If you are purchasing a Product as a Trade Client then:
     (a) these Terms do NOT apply to your purchase; and
     (b) these Terms are entirely excluded and are replaced by King’s Trade Client Terms and Conditions of Sale.

3 PLACING AN ORDER

3.1 Grill King Outdoor BBQ Kitchens reserves the right, acting reasonably, to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.
3.2 When a deposit is accepted by Grill King Outdoor BBQ Kitchens relating to your purchase of the Products, the order becomes immediately binding on Grill King Outdoor BBQ Kitchens and you agree to all of the terms and conditions set out in these Terms.
3.3 When placing an order and paying either the full payment or a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all respects.

4 PRICES

4.1 The prices for Products are in Australian dollars and inclusive of GST.
4.2 Delivery and access check costs will be charged in addition to the price of Products and these are included in the total cost of the order at check out.
4.3 All additional costs payable by you pursuant to these Terms are payable to Grill King Outdoor BBQ Kitchens at such times as you are notified by Grill King Outdoor BBQ Kitchens from time to time.
4.4 If we discover an error in the price or payment of any Products, which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
4.5 If, in these circumstances, the order is cancelled, and you have:
     (a) paid a deposit for the Products: we will provide you with a full refund of the amount of the deposit; or
     (b) paid the full price for the Products: we will provide you with a full refund of the amount of the price that you have paid

5 PAYMENT

5.1 A deposit is required at the time of placing the order. We will notify you of the deposit required before we process the order.
5.2 Full payment must be received by cleared funds into Grill King Outdoor BBQ Kitchens’s bank account 5 business days before final delivery. The reference to ‘full payment’ means: the price of the Products together with all other charges payable by you pursuant to these Terms less the deposit paid. Upon receipt of your full payment, the deposit previously paid by you will be applied by us towards part payment of the price of the Products.
5.3 Payment can be arranged by bank transfer (EFT), credit or debit card, finance (subject to approval) or cash.
5.4 Company or personal cheques are not accepted for the purchase of any Products.
5.5 You are responsible for any costs incurred in arranging payment for the Products, (including, without limitation, bank transfer fees and related charges).
5.6 At the time that you place your order and pay the deposit for that order, we will issue you with a document called a Sales Order that specifies the details of your order. The Sales Order becomes a proof of purchase after we receive your full payment.

6 RISK AND TITLE

6.1 All risk in Products passes to you on delivery or pick-up as specified below.
     (a) If we deliver the Products, delivery occurs immediately after the Products are unloaded at the delivery address; and
     (b) if you request to pick up the Products from a Grill King Outdoor BBQ Kitchens warehouse or showroom, delivery occurs just prior to the Products being loaded onto transportation at the Grill King Outdoor BBQ Kitchens warehouse, or once the Products are collected by you in the showroom, as applicable.
6.2 For showroom collections, our retail team cannot assist in loading the Products.
6.3 For warehouse collections, you are solely responsible (and therefore you accept the entire risk) for moving the Products from the warehouse pick-up point and loading into your vehicle. You are responsible for arranging for pick-up, loading, and receipt of picked-up Products. Our personnel are not authorized to assist you in doing so, and Grill King Outdoor BBQ Kitchens will not be liable for any loss or damage incurred, if they do so.
6.4 All title in the Products passes to you upon receipt by Grill King Outdoor BBQ Kitchens of the full payment for the Products and all other charges payable by you pursuant to the Sales Order and these Terms.

7 DELIVERY OR COLLECTION

7.1 At the time of placing your order, you may nominate to have the Products delivered to you or collected by you.
7.2 If you nominate collection:
     (a) Collection may be from our warehouse or a Grill King Outdoor BBQ Kitchens showroom, subject to clause 7.2(b)and 7.2(c).
     (b) Only certain Products can be collected from a showroom. Those Products are: pizza ovens, bar fridges, gazebos and small outdoor furniture items.
     (c) To be clear, Products which have been ordered online cannot be collected from a Showroom, but may be collected from a warehouse.
7.3 If you nominate delivery:
     (a) The estimated delivery date will be arranged with you in advance.
     (b) Any date quoted for delivery is an estimate only.
     (c) You must not defer the estimated delivery date without prior written consent from Grill King Outdoor BBQ Kitchens. (Refer to Storage Options, below)
7.4 In the event that your order is ready for delivery sooner than the initial estimated Delivery Date, and if you accept an earlier estimated Delivery Date, then the earlier Delivery Date will become the new estimated Delivery Date. In these circumstances, the Terms that apply to the estimated Delivery Date will apply to the new estimated Delivery Date. In both cases, Grill King Outdoor BBQ Kitchens will notify you in order to confirm the prearranged Delivery Date.

8 CORRECT ADDRESS AND ACCESS TO PREMISES

8.1 You must ensure correct delivery address details are provided to Grill King Outdoor BBQ Kitchens at the time of order placement. We cannot deliver to PO Boxes. A person over the age of 18 years who is able to accept delivery must be available in person to accept the delivery of your order.
8.2 You must notify Grill King Outdoor BBQ Kitchens in advance if it is possible that accessing the delivery address will be difficult (e.g. if there are staircases or narrow passages).
8.3 You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products, and/or removal of Grill King Outdoor BBQ Kitchens furniture, as applicable.

9 REMOVAL OF EXISTING OUTDOOR BBQ KITCHEN

9.1 It is possible to arrange for Grill King Outdoor BBQ Kitchens to remove existing Outdoor BBQ Kitchens from the delivery address at a small charge, and subject to the following:
     (a) when you place your order for the Products being delivered, you must request for existing Grill King Outdoor BBQ Kitchens furniture to be removed from the delivery address specifically at the time scheduled for the delivery; and
     (b) Grill King Outdoor BBQ Kitchens has confirmed in writing that free and complimentary removal of that Grill King Outdoor BBQ Kitchens furniture will be possible.
If you would like to purchase this service, please contact Grill King Outdoor BBQ Kitchens customer service on 1300 305 616 or by email at hello@grillkingbbqs.au. Grill King Outdoor BBQ Kitchens will advise you of the estimated date and time for disassembly and collection of the existing outdoor bbq kitchen, however this may differ from the date of delivery of the Products.
9.2 We reserve the right, in our discretion, to make part deliveries of any order, at no cost to you. If we do not deliver all the Products in your order at the same time, that does not invalidate these Terms insofar as those part deliveries are concerned. Despite this, if you request or cause Grill King Outdoor BBQ Kitchens to make part deliveries of your Products, you will be charged the full delivery charge for each part delivery.

10 ASSEMBLY OF OUTDOOR BBQ KITCHENS

10.1 If you have purchased the "First Tier Delivery Service" when placing your order, the Products will be assembled at the delivery address at the time delivery is made.
10.2 First Tier Delivery is only available in selected metropolitan areas in and around Brisbane, Gold Coast, Canberra, Melbourne, Sydney, Adelaide and Perth.
10.3 Alternatively, if you have purchased an "Second Tier Delivery" when placing your order, the Products will not be assembled at the time delivery is made. If you wish for Grill King Outdoor BBQ Kitchens to assemble the Products, you must contact Grill King Outdoor BBQ Kitchens despatch team on 1300 305 616 or by email hello@grillkingbbqs.au 14 days prior to the scheduled delivery to purchase the ‘First Tier Delivery Service’ service and arrange for a time for the Products to be assembled.

11 STORAGE OPTIONS

11.1 You can defer delivery and we will store your order at no extra cost for up to two weeks beyond the prearranged Delivery Date (Free Storage) provided that:
     (a) your order is ready in full in our warehouse; and
     (b) you must request the Free Storage option by notifying us at least 48 hours before the Delivery Date.
Your order will be stored by us until the next Delivery Date (which must be within two weeks). This deferral and Free Storage option is available once only, with respect to an order.
11.2 You can request deferred delivery and pay for up to 4 weeks of additional storage in our warehouse (Extended Storage). You must request the Extended Storage option by notifying us at least 48 hours before the Delivery Date. A fee quotation will be provided to you (based upon total volume off storage space occupied by your order) so that you can decide whether to accept the Extended Storage Option. Your order will be stored by us at your cost, until the next Delivery Date (which must be within four weeks). This deferral and paid Extended Storage option is available once only, with respect to an order.
11.3 After either one of the alternative storage options in clauses 11.1or 11.2is exhausted, delivery must be received. Delivery may be either Express Delivery or Deluxe Delivery. You may also elect Express Delivery with the option of deferred assembly. Contact Grill King Outdoor BBQ Kitchens despatch team on 1300 305 616 to arrange a time for the Products to be assembled.

12 DELIVERY

12.1 The Delivery Period is 14 days after the Estimated Delivery Date.
12.2 If you do not accept delivery or collect your Products within the Delivery Period, then immediately on expiry of the Delivery Period, Grill King Outdoor BBQ Kitchens will:
     (a) if you have paid the full purchase price, require that you arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery, storage and associated charges. If Grill King Outdoor BBQ Kitchens delivers your order to a storage facility of your choosing, Grill King Outdoor BBQ Kitchens relinquishes all liability for the order. Grill King Outdoor BBQ Kitchens may assist you with arranging a storage facility. (Refer to Storage Options, above);
     (b) if you have not paid the full purchase price or if you do not attend to the matters in (a), rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you:
         (i) Agree to forfeit the deposit paid, or, if the Products are clearance stock, the full price of the Products; and
         (ii) Will have no further claim to the Products; and
         (iii) Grill King Outdoor BBQ Kitchens may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

13 ORDERS WITHOUT A DELIVERY DATE

13.1 If you place an order for Products and Grill King Outdoor BBQ Kitchens in its absolute discretion agrees not to set a Delivery Date for that order at the time of order placement, Grill King Outdoor BBQ Kitchens does so on your strict compliance with the following conditions:
     (a) within 6 weeks of receipt by Grill King Outdoor BBQ Kitchens of your full deposit you must confirm your order and mutually agree on an estimated Delivery Date from the dates that are offered by Grill King Outdoor BBQ Kitchens as possible Delivery Dates for your order; and
     (b) once the estimated Delivery Date is booked with Grill King Outdoor BBQ Kitchens, changes to your order cannot be made as Grill King Outdoor BBQ Kitchens may commence manufacturing the Products immediately.
13.2 When an estimated Delivery Date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of Order’ in these Terms will apply to the delivery and cancellation of the order.
13.3 If you do not comply with the conditions in clause 13.1(a) above or choose to cancel your order in circumstances where no estimated Delivery Date is set pursuant to clause 13.1(a), Grill King Outdoor BBQ Kitchens will rescind the contract for sale of the Products by notice to you by email and treat your failure to agree to an estimated Delivery Date as your cancellation of your original order. In these circumstances, you:
     (a) agree to forfeit the deposit up to $1000 paid by you to Grill King Outdoor BBQ Kitchens in payment for Grill King Outdoor BBQ Kitchens’s administrative costs and expenses incurred in handling and cancelling the order;
     (b) agree to receive the balance of the deposit by refund to the credit card, debit card or bank account, depending on how the initial deposit was made; and
     (c) will have no further claim to the Products.

14 CANCELLATION OF ORDER

14.1 Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Grill King Outdoor BBQ Kitchen Showrooms or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order Grill King Outdoor BBQ Kitchens will rescind the contract for sale of the Products by notice to you and you:
     (a) agree to forfeit the full deposit up to $1000 paid in payment for Grill King Outdoor BBQ Kitchens’s administrative costs and expenses incurred in handling and cancelling the order, and to receive the balance of any deposit paid by refund to your credit card, debit card or bank account, depending on how you made the initial deposit, if the manufacture of your Products has not commenced; and
     (b) agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced; and
     (c) will have no further claim to the Products, and
     (d) Grill King Outdoor BBQ Kitchens may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

15 DELAY IN DELIVERY OF YOUR FURNITURE

15.1 Grill King Outdoor BBQ Kitchens will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond our reasonable control, except to the extent that the delay was caused by Grill King Outdoor BBQ Kitchens’s negligent act or omission.
15.2 We will use reasonable endeavours to meet the estimated Delivery Date. If we do not meet the estimated Delivery Date, Grill King Outdoor BBQ Kitchens’s liability will be limited, at Grill King Outdoor BBQ Kitchens’s option, to resupplying the Products at a different time.
15.3 If at any time after receiving an order from you, Grill King Outdoor BBQ Kitchens, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays Grill King Outdoor BBQ Kitchens from supplying some or all of the Products set out in an order by the estimated delivery date, Grill King Outdoor BBQ Kitchens may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.
15.4 In this paragraph:
     (a) Force Majeure Event means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans, pandemics (whether or not known at any relevant time) including Covid-19 (and other coronaviruses), other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond Grill King Outdoor BBQ Kitchens’s, its supplier’s, subcontractor’s, manufacturer’s or any carrier’s control and that could not reasonably have been expected to have known at the time Grill King Outdoor BBQ Kitchens receives an order from you; and
     (b) Insolvency Event means any one or more of the following events:
         (i) a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
         (ii) a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
         (iii) it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
         (iv) anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

16 PRODUCT VARIATIONS AND SPECIFICATIONS

16.1 Your Product may exhibit different characteristics to the sample in the Grill King Outdoor BBQ Kitchens showroom or images on the Grill King Outdoor BBQ Kitchens website. Please note that stainless steel (applicable to outdoor kitchens) and soft furniture (applicable to outdoor furniture) may vary in appearance and characteristics such as darkness in colour of the steel and benchtops, creasing and the degree of softness of outdoor furniture cushions. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Stainless steel products will exhibit differing density, colour and shading, which are the hallmarks of the stainless steel used, and which vary from product to product.
16.2 To the full extent permitted by law, we reserve the right to change dimensions, design and construction, quality of the stainless steel, type of stone benchtops and to pattern match fabrics according to Grill King Outdoor BBQ Kitchens’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products and are not material or noticeable.

17 PRODUCT SUITABILITY

17.1 Please choose carefully as Grill King Outdoor BBQ Kitchens will not provide you with a refund or exchange simply because you have changed your mind, or the Products did not meet your expectations. Grill King Outdoor BBQ Kitchens will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by Grill King Outdoor BBQ Kitchens. Unless Products are faulty (and subject to applicable laws), we are unable to refund, exchange or credit your account. Grill King Outdoor BBQ Kitchens will not be liable to provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control.

18 WARRANTY

18.1 Grill King Outdoor BBQ Kitchens offers a warranty to cover certain Grill King branded Products and selected components of those Products. The terms of the warranty are separately published on our website and are available here.
18.2 Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:
     (a) cancel your service contract with us, and
     (b) refund for the unused portion, or reimbursement for its reduced value.
18.3 You are also entitled to choose a refund or replacement for major failures with goods.
18.4 If a failure with the goods or a service does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the goods or service.

19 LIABILITY

19.1 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Grill King Outdoor BBQ Kitchens is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
     (a) any increased costs or expenses;
     (b) any loss of profit, revenue, business, contracts or anticipated savings;
     (c) your use or misuse of the Products;
     (d) any act, omission or negligence by you, your agents or representatives;
     (e) any loss or expense resulting from a claim by a third party; or
     (f) any delays in delivery of the Products;
     (g) any special, indirect or consequential loss or damage of any nature whatsoever caused by Grill King Outdoor BBQ Kitchens’s failure to complete or delay in completing the order to deliver the Products.
19.2 In circumstances where Grill King Outdoor BBQ Kitchens’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of Grill King Outdoor BBQ Kitchens for any breach of a condition, guarantee or warranty whether implied by law or otherwise (including the Australian Consumer Law), is limited to the amount payable by you to Grill King Outdoor BBQ Kitchens in respect of the Product giving rise to the liability.

20 INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS

20.1 You must inspect your Products when you take delivery of them and you may be required to note any damage on the delivery documentation which is presented to you upon delivery.
20.2 In all other cases, to make a claim you must notify Grill King Outdoor BBQ Kitchens of any damage to the Products or shortages in delivery promptly after receiving delivery. To make a claim:
     (a) contact 1300-305 616; or
     (b) visit our website and submit a customer service request grillkingbbqs.au

20.3 When you notify us of a claim, you must provide the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it may delay our ability to process your claim in a timely manner or we may deny your claim.
20.4 Non-conformity of or defect or damages in any part of the ordered Products does not entitle you to reject any ordered Products which are free of such non-conformity, defect, or damages.

21 ACCURACY OF INFORMATION

21.1 While Grill King Outdoor BBQ Kitchens aims to ensure that the information about its products and pricing is correct on its website and in its showrooms, sometimes errors do occur. The information on its website is for information purposes only. While Grill King Outdoor BBQ Kitchens has used its best endeavours to ensure that the information contained on and accessed through its website is correct and current at the time of publication, the website may contain technical inaccuracies or typographical errors. Grill King Outdoor BBQ Kitchens does not accept any responsibility for any error, omission or defect in the information provided on its website. Where the price for a Product on the Grill King Outdoor BBQ Kitchens website is different to the price displayed in a Grill King Outdoor BBQ Kitchens Showroom, the price displayed in the Grill King Outdoor BBQ Kitchens Showroom will be considered the correct price.

22 INTELLECTUAL PROPERTY

22.1 You 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 Grill King Outdoor BBQ Kitchens.
22.2 You will not knowingly allow any intellectual property belonging to Grill King Outdoor BBQ Kitchens to be reverse engineered, pirated or copied or breached in any other manner. Grill King Outdoor BBQ Kitchens may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Grill King Outdoor BBQ Kitchens's intellectual property rights.

23 PRIVACY

23.1 We may collect personal information in connection with Grill King Outdoor BBQ Kitchens’s dealings with you. If so, we will abide by Grill King Outdoor BBQ Kitchens’s Privacy Policy, a copy of which is available on Grill King Outdoor BBQ Kitchens’s website and by request.

24 INDEMNITY

24.1 To the full extent permitted by law, you will indemnify Grill King Outdoor BBQ Kitchens and keep indemnified Grill King Outdoor BBQ Kitchens from and against all liability, loss or damage Grill King Outdoor BBQ Kitchens may sustain, as result of a breach, act or omission, arising directly or indirectly from any breach of these Terms by you. The scope of this indemnity is reduced to the limited extent that Grill King Outdoor BBQ Kitchens has contributed to any liability, loss or damage which is the subject of the indemnity.

25 GOVERNING LAW

25.1 These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

26 GENERAL

26.1 Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between Grill King Outdoor BBQ Kitchens and you for the purchase of the Products.
26.2 If any part of these Terms is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms continue to be enforceable and valid.

27 SPARE PARTS

27.1 Grill King Outdoor BBQ Kitchens offers a range of spare parts and associated repair services which may be available for purchase by you after the Product is supplied to you. Our ability to supply spare parts is not guaranteed and in all cases will depend on the availability of such parts and suitably qualified service technicians.
27.2 Spare parts and associated repair services may also (in our discretion) be available for purchase by the owner of a Grill King Outdoor BBQ Kitchens Product who did not purchase that Product directly from Grill King Outdoor BBQ Kitchens.
27.3 If you are interested in purchasing repairs or spare parts for a Grill King Outdoor BBQ Kitchens Product, please contact Grill King Outdoor BBQ Kitchens Customer Service for more details